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THE 



HOWAED PAPERS, 



1 



THE 



HOWAKD PAPERS: 



Stngrnpjjtml fM§m irnb Critirxjam ; 



BY 



7 

H. KENT STAPLE CAUSTON. 



Let us sit and mock the good housewife 
Fortune from her wheel, that her gifts henceforth 
may be bestowed equally. 

I would we could do so; for her benefits 
are mightily misplaced. 

They are most of them means and basses: 
But one Puritan amongst them, 
And he sings psalms to hornpipes. 



LONDON: 
HENRY KENT CAUSTON AND SON, 

NAG'S HEAD COURT, GRACECHURCH STREET. 



^K^ o(o 



A 



^ 



HLontron: 

HENRY KENT CAUSTON AND SON, 

PRINTERS, 

NAG'S HEAD COURT, E.G. 



INTRODUCTION. 



Many years ago, when George the Third was king, and 
Charles Howard, last of the Greystoke line, with a free 
and easy grace wore the coronet of premier duke, an 
elderly man, tall, well built, erect of stature, whose thread- 
bare garments denoted penury, might occasionally have 
been seen crossing the Mall from Buckingham gate, on 
the way from his humble lodging at Chelsea to St. James's 
square. In feature he was a Howard ; — bearing marked 
resemblance to the ennobled race who did good service to 
their country in the time of queen Elizabeth. A circum- 
stance so feeble of argument, however, is not likely to 
have had weight in the conclusion ; yet it is curious to 
observe a writer, — somewhat later than the period in 
question, — giving publicity to the statement of some 
affected authority, not favorable to the poor man's preten- 
sions, — that "the only branch from which it is said to be 
possible for him to have descended, is the Effingham 
branch. " # 

In feature he was a Howard; and the pride of blood, 
unsubdued by years of deprivation and want, yet sustained 
a modest bearing that indicated the confidence of a 
position that adverse circumstances could not entirely 
obliterate. Poverty had been ineffective to debase the 

* Gent. Mag. 181G, v. lxxxvi., pt. i. p. 66. 



VI. INTRODUCTION. 

natural aspirations of the blood of Howard to the 
habits or manners of vulgar life. In his decent penury 
he might still be recognized as a gentleman. 

Whether on business or pleasure, — pleasure ? Yes, in 
country walks, — on the Surrey hills, perambulating the 
green lanes and bye ways, pondering over the beauties 
of nature, and rapt in holy thoughts such scenes inspire, 
— he enjoyed life with as keen a zest as one more amply 
endowed with worldly means. If consanguinity might be 
identified by analogy of taste, assuredly he had been a 
scion of the Grey stoke branch, — near of kin to the 
eccentric philosopher of Depden, who, in the benevolence 
of sympathy is represented to have addressed the father 
of the poor wanderer in intimate terms of family regard. 

Whether on business or on pleasure, he seldom travelled 
alone. He was usually accompanied by a woman, decently 
attired, of about his own years, — his wife, to whom he was 
affectionately attached, the object of all his solicitude and 
care. On the occasion mentioned, however, she had 
remained at home ; and he made his way alone, — his 
object being to call at Norfolk House for a letter from the 
duke, if any had been left for him ; or, if possible, to 
obtain an interview with his grace. As he turned the 
corner of John street into St. James's square, the family 
mansion stood full in view, and he might have observed 
on the doors the intimation of sickness in the house. The 
duke was ill in health, — and indisposed moreover, as it 
appeared, to receive his visitor. The portal, however, was 
opened to his application for admittance, and closed 
behind him. A police constable, who, it is said, had been 
retained constantly in attendance, removed him by the 
back entrance; and after examination before the magis- 
trate at the police Court, Marlborough street,— "for about 



INTRODUCTION. VII. 

the twentieth time" we are told by contemporary chro- 
niclers of daily events, — he was committed to prison. 
" It had been considered advisable to adjudge him to 
several periods of imprisonment ■;" and on the present 
occasion he had not only assaulted the ducal knocker, 
but "he was very troublesome at the door." 

When the term of incarceration had expired, and the 
prison gates thrown open, gave liberty to the duke's 
unwelcome guest, — the knockers of Norfolk House had 
been released from their leathern bandage, and the 
heraldic achievement above the portal gave symbol to the 
fashionable world, that Charles Howard of Greystoke had 
vacated the patrician robe. He had drained the goblet of 
pleasures to the dregs. In the chase of gay and festive 
life, the pursuer had become the pursued ; — 

Death, the mighty hunter, had driven him to earth. 

And, in his fitful wanderings, as the poor released prisoner 
mused over the grave of the deceased noble, in Dorking 
church, — when he recalled to mind promises, on the word 
of a duke, a thousand times broken ; and absolved him 
personally, of much of the injustice he had suffered, — of 
many of the injuries he had received ; the thought became 
uppermost, that the last tie — even of discord — had been 
severed between himself and the ducal house ; that there 
remained not one on whom he had a right of appeal for 
the award of justice to his claims, or commiseration for 
the sufferings he endured. 

In childhood, in early youth, the mansion whence 
he had been conveyed in ignominy to a goal, had been 
free and familiar to him as his home. Of duke Edward, 
he was accustomed to speak with reverence, with 
affectionate regard ; indeed the legacy of his early friend 
had become the only dependence of his age. Of the 



Vlli. INTRODUCTION. 

first duke Charles, he also cherished the most respectful 
remembrance ; and it was with reluctance he could believe 
that the long continued neglect, the vacillation, and the 
persecution he had received from the second Charles, had 
been the conduct of his own free will ; — when the very pay 
of the police constable retained in the porter's hall at 
Norfolk House to take him into custody, might have 
sufficed to add comfort to his humble home. 

A delusion imbibed from early years, and that no 
correct information had since dispelled, contributed to 
the regrets, — the despondency he could not resist, as 
reverently he paced the chancel of Dorking church. He 
had been impressed with the belief that the acknowledged 
successor in the dukedom had no natural right to the 
honors of the family : he could not credit as a fact that 
the son of Mr. Henry Howard, of whose misfortunes and 
dependent condition he had heard much, and from many 
persons, could be next heir of the ducal House; and he 
felt that he had no claim on one of whose right of 
inheritance he entertained a doubt, — whose patronage by 
the latej duke, he had been accustomed to look upon as 
the result of mere caprice. It was not a new idea. 
Twenty years earlier he had enquired, how it happened 
that Bernard Howard had been brought forward, intro- 
duced into the House of Commons, and accepted as 
probable heir to the dukedom ; while himself, " who had 
been brought up under the protection of duke Edward, by 
some unjustifiable means had been disinherited ? ,? — "It is 
not to such as Bernard Howard/' he had indignantly 
written to the duke, " you can expect that I should ever 
make my application." The same prejudices — the same 
sentiments — were still retained ; and the expectations that 
had withstood years of disappointment under the dukedom 



INTRODUCTION. IX. 

of the second Charles, died with him. Stout of heart, 
strong in faith, clinging tenaciously until the last tie had 
rotted, must that hope have been to have endured so 
many trials. 

It was the misfortune of Mr. Howard never to have 
been understood ; — little surprising, when he could not 
understand himself! He might have been the dreamer 
who overslept his generation, or the man without a 
shadow. Mystified in a genealogical haze, he had never 
been able to discover his own identity. He had outlived 
all who could unravel his mystery; and in the course of 
years had become so completely unknown, that a professor 
of the science of Genealogy, after some investigation, was 
content to ask the world — who he really was ? # 

The menials in the service of the deceased peer, vulga- 
rising the directions of their lord, with supercilious 
insolence had branded him with imposture ; they had been 
accustomed to call him "the sham duke;" and "the mad 
duke" by way of varying the indignity. A ribald press, 
reflecting the gibes of the powdered plush, indulged in the 
same vein of kindred wit, and chastised poverty to flatter 
wealth. The more thoughtful exponents of public opinion, 
not sufficiently informed or not caring to become the 
advocate, at least abstained from insult ; and one 
honorable exception, true to principle, thought that " the 
unfortunate man really appeared to have some well 
founded claims on the Howard family." 

The author of the Dormant and Extinct Baronage;\ 
who, at this time was preparing for the press a new edition 

* The Mysterious Heir ; or Who is Mr. Walter Howard ? By T. C. 
Banks, esq., 8uo., 1816. 

t Dormant aud Extinct Baronage of England, by T. C. Banks, esq., 3 
vols. Ito., 1807. 



X. INTRODUCTION. 

of his Work, and in a separate publication had analysed 
the " genealogical History of the Howard family;"* gave 
his attention to the pedigree of the unfortunate man, with 
the object, if possible, of discovering his real descent. 
Benevolent intentions, from a genealogical point of view, 
embracing the professional satisfaction of resolving a 
case of uncertainty, perhaps of importance, offered ample 
inducement for friendly services ; and in concluding his 
labours; — "It remains only to add," says the author of the 
Mysterious Heir, "that the writer has been solely led by 
disinterested motives, such as he considers ought to 
incline every one ' who cares for another's woe, 1 to endea- 
vour to bring to light so mysterious an affair." The 
investigation, which seems to have terminated rather in 
speculative deduction than proven facts, formed the 
subject of the publication before named : the active 
interference of its author on behalf of the "mysterious 
heir " took the form of a petition to the king ;f which, 
read at the present day, seems remarkable for nothing so 
much as the exceedingly bad taste in which it appears to 
have been dictated. The result has not been mentioned; 
but as the inquiry had failed to explain the mystery ; and 
no case had been attempted on behalf of the petitioner, 
that under the circumstances could, with propriety, be 
entertained, the effect may perhaps, without difficulty, be 
imagined. The publication in which the petition is found, 
represents that it had been left at the Home Office, " to be 
presented to the Prince "Regent, in the usual way of such 
like applications." The copy of a letter from the 

* An Analysis of the Genealogical History of the Howard Family, with 
its connections ; shewing the legal course of descent of those numerous 
titles which are generally, but presumed erroneously attributed to be vested 
in the dukedom of Norfolk. 8ro., 1812. 

t Mysterious Heir, p. vi. 



INTRODUCTION. XI. 

petitioner to lord Sidmouth, dated from Wandsworth, 13th 
May, 181 6, # referring to a previous communication from 
Kingston, 13th March, mentions the petition to the king, 
" signed by myself, and left at your lordship's Office by 
Mr. Banks, of Lyon's Inn." No answer had then been 
received ; and the petitioner took occasion to prefer his ' 
particular claims on the late dake, which had been long 
previously the subject of an appeal to the Prince Regent, 
personally presented to His Royal Highness, in the year 
1812. 

Rank and honors, that will interest the historian of the 
Peerage to investigate a right of possession, and may well 
gratify the desires of the wealthy-ambitious to obtain, are 
but stones for bread to the poor and hungered. The 
piteous letter of the petitioner to the lord Chancellor, a 
month or two later,f far from representing the aspirations 
of one dreaming an atmosphere of luxurious grandeur, 
or claiming the "honors of dukedom," — imputed to him 
by a portion of the public press, — undisguisedly tells a 
tale of suffering, past and present ; with a future 
untraceable in the cheerless waste of aged indigence. It 
was the last glimmer of expiring hope, which the reply 
of lord Eldon, finally extinguished. 

The philanthropist, who, in former years had visited 
him in prison, and " offered with much willingness to act 
as a mediator,";); listened to his tale of helpless despon- 
dency, and renewed the offer of an appeal to the duke — 
the new duke — on his behalf. Though not declined, the 
proposition, — for reasons before given, — was rather 
reluctantly conceded than accepted with favor or expec- 
tation of success. Some facilities however, encouraged 

* MS. penes meipsum. 
t Infra, p. 13, facsimile. % Infra, p. 475. 



Xll. INTRODUCTION. 

the design ; and it was the happiness of my father to 
have been the means of obtaining for the poor unknown 
Howard, some addition of income from the head of his 
noble House. From that day the world heard no more of 
the mad duke. 

Fifteen years had passed, and the universal reaper had 
gathered the old man to the harvest, when his widow came 
to me in great tribulation. Her income had been stopped ; 
— it had ceased by her husband's death. Assuredly his 
income had so ceased; for the annual proceeds of the South 
Sea Annuities (£1500 Stock), which he had received under 
the Will of Edward duke of Norfolk, had been only a 
life interest ; and the additional allowance made to him, 
had doubtless been granted, during pleasure, with the 
same understanding. But in neither case was the condition 
absolute. The bequest of duke Edward was freely at the 
disposal of the trustee ; and to whom, of charity, could 
the allowance be more fitly made, than to the aged widow 
of the original grantee ? It was a case that required no 
advocacy beyond a generous appeal : but the joy of the 
poor woman knew no bounds. What could she do to 
express her gratitude? I replied that the pleasure of seeing 
her placed above want, was a sufficient reward : but she 
was inexorable. Her husband had a favorite bird, which 
it would give her pleasure if I would accept? And she 
would bring me her husband's papers. I could only 
consent. The poor bird did not reach its proposed 
destination. The package of papers I placed with others, 
in an old chest, — some day to be examined. It was many 
years before that day arrived. Leisure, and a casual 
resort to the oaken depository, at length brought to hand 
the long forgotten gift. The parcel contained a manuscript 
book, in the hand writing of Mr. Howard, in which he 



INTRODUCTION. Xlll. 

had kept copies of his letters, dating from 1797 to the 
year 1816; a vast collection of loose papers; scraps of 
pedigrees, and genealogical information derived from a 
variety of sources, relating to the family of Howard; 
transcribed by himself, or furnished to him by other 
persons, with the object of elucidating his descent. 

It was impossible to read his numerous letters to 
Charles duke of Norfolk, without being convinced of the 
ungenerous, the undignified treatment he had received, — ■ 
the injustice, the great moral wrong he had sustained; 
and they excited a higher degree of interest from a 
circumstance that had occurred. 

In the interval of years, a distinguished antiquary, 
making diligent and systematic researches into the descent 
and title of lands, for a History of a northern County, had 
incidentally discovered materials of proof, that solved the 
mystery, which at a former period had baffled the investi- 
gation of Genealogists, official, professional and amateur ; 
— unknowingly, he had furnished the reply to the long 
perplexed question, — " Who is Mr. Walter Howard?" 

The Manuscripts of the mysterious heir have formed 
the basis of the present volume. 

Nov. 5, 1862. 



r 



CONTENTS. 



Chapter I.— The House of Poverty. . . Page 13 

This false goddesse with her eyen blinde, 

Set one afore, another goeth behinde ; 

And doth one renne, and maketh another halte ; 

And one she can high in riches exalte, 

And another plonge in pouertye. 



Chapter II. — The Ducal Line . 47 

We are not all alone unhappy, 
This wide and universal theatre 
Presents more woeful pageants than the scene 
Whereon we play. 



Chapter III. — The Ducal Line, continued . . . 119 

Master Shallow, I am Fortune's steward ; 
Get on thy hoots. 

And what is Fame ? The meanest have their day, 
The greatest can but blaze, and pass away. 



Chapter IV. — Thomas of Worksop 205 

If thou can3't look into the seeds of time, 
And say, which grain will grow, and which will not ; 
Speak ! — 

Thy children shall be kings, thongh thou be none. 



CONTENTS. XV. 

Chapter V. — The Ducal Line, continued . . . p. 213 

Wealth, honor, pride of place, and costly state ; 
The liv'ried homage of the peasant slave ; 
The smiles of beauty ; and the radiant hopes 
That cluster round the halcyon days of youth :— 

The earth hath bubbles, as the water hath. 
And these are of them. 



Chapter VI.— The Brothers 273 

'Tis much he dare : 
And to that dauntless temper of his mind, 
He hath a wisdom that doth guide his valour 
To act in safety. 

A stranger sits in thy fathers hall, 

Usurping thy right, I wist ; 
But a thousand spears are at thy call ; 

Hail ! to thee, king of the mist ! 
Come ! I will bear a lance for thee ; 
And share thy fortunes faithfully. 



Chapter VII. — The past of the Dukes .... 333 

The Slies are no rogues: look i'th' Chronicles; 
We came in with Richard Conqueror. 



Chapter VIII. — The Heirs of Entail 365 

As I remember, Adam, it was upon this 
fashion bequeathed me ; By will, but a poor 
thousand crowns ; and as thou say'st, charged 
my brother, on his blessing, to breed me well. 



Chapter IX. — The Heirs of Entail, continued . . 379 

The web of our life is of a mingled yarn, good and 
ill together: our virtues would be proud, if our faults 
whipped them not; and our crimes would despair, if 
they were not cherished by our virtues. 



Chapter X. — The Line of Poverty, resumed . . 407 

Long absent Harold reappears at last. 






XVI. CONTENTS. 

Chapter XI. — The last of the Greystoke Line p. 415 

Have you the Lion's part -written? 
If you have, I pray you give it me, 
For I am slow of study. 

"What a pretty thing man is 
When he goes in his doublet and hose, 
And leaves off his wit! 

Chapter XII. — The Line of Poverty, continued . . 427 

The youth howe'er distressed appears, 
Hath had good ancestors. 

He said he -was gentle, but unfortunate : 
Dishonestly afflicted, but yet honest. 

Chapter XIII. — Descent of the Heir of Poverty . 495 

Advocate ? 
That's the Court word for pheasant. 
Say you have none. 

APPENDIX of Documents .613 

Additional Notes, and Corrections .... 633 

INDEX 667 



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THE HOWARD PAPERS. 



CHAPTER I. 



This false goddesse with her eyen blinde, 

Set one afore, another goeth behinde; 

And doth one renne, and raaketh another halte; 

And one she can high in riches exalte, 

And another plonge in pouertye. 



In the south-western suburb of London, at that time a 
rural district, divided from the Court-end by the waters of 
the majestic Thames, in the year one thousand seven hun- 
dred seventy and seven, there lived and died a gentleman, 
— 'tis said, a needy gentleman, — known as Mr. William 
Howard. If his circumstances were not affluent, they had 
been sufficient for his wants ; but whether or not his 
means had been derived from a source that might be called 
his own, — they came to him through the agency of the 
duke of Norfolk or his steward. Many — nearly forty 
years after his decease the statement was volunteered* that 

* "This man (Walter Howard,) and his father before him, have been 
humble dependants on the family; and the duke never ceased to employ 
every inquiry to ascertain their descent from the family, but in vain." 
Biographical sketch of Charles duke of Norfolk, by an Anonymous Cor- 
respondent. — Gent. Mag., 1816, Pt. I., p. 66. A statement so favorable 
to the ducal charities, however, was not permitted to pass current, and in 
the following number of the same work, a writer under the initials 35. J&. J&. 
(who may be unveiled as the Rev. James Dallaway, JS'arl Marshal's Sec- 
retary,) ventured on the assertion that the unfortunate gentleman in ques- 
tion, "so far from being fostered by, was not even personally known to 
the last duke."— Gent. Mag., 1816, Pt. I., p. 104. The " last duke " referred 
to, occupied the title from the year 1786 until 1815; and it was to him 
that the letters of Mr. Walter Howard in this volume were addressed. 

B 

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Tht HOWARD PAPERS. 1862. To fact Page 13. 



14 THE HOWARD PAPERS. 

he bad been an bumble dependant on the bounty of that 
noble bouse ; a circumstance which, if true, could only 
have had reference to that noble person Edward Howard, 
who for five-and-forty years had occupied the distinguished 
position of premier duke. 

As Mr. William Howard bore the same family name, it 
might have been that he was a poor relation of that multi- 
potent house, — the humble representative of an ancestor, 
who, having engaged heart and hand in the royal cause 
during the great rebellion, when so many loyal cavaliers 
suffered for their "malignity/' and so few malignants found 
a recompense for their loyalty on the re-establishment of 
the sovereign power, had left his family to struggle with 
an impoverished estate and the natural results of an ad- 
verse and downcast fate. Some such position, indeed, at 
a later date, when his descent became a question of interest, 
seems to have been assumed for Mr. William Howard ;* 
but in his lifetime, whatever his genealogical position, it 
was neither advanced nor denied : he appears to have been 
accepted in some degree as a member of the noble family 
whose name he bore, and his means of life were supplied 
by a regular income in some way accruing by the agency 
before mentioned. If, as represented, he had been a pen- 
sioner, living on scanty means, the voluntary bounty of the 
duke, it might have been expected that noble person would 
not have permitted his generosity abruptly to cease with 
his own life ; the continuance of the annuity would doubt- 
less have been provided for in his will, charged on some 
property or fund, for its endurance during the life of the 
grantee, as in several other cases he had so done ;+ but no 

* Heralds' Office Pedigree (Appendix) : and letter of E. M. S., before 
cited.— Gent. Mag. 1816, Pt. I., p. 104. 

t Duke Edward, in bis will, made provision to continue annuities to 
several persons wbo had been accustomed to receive his annual bounty j 
among them "Mrs. Blount, of Antwerp," (Anne, younger sister of his 
deceased duchess) lady abbess, it is said, of a religious sisterhood in that 



THE HOWARD PAPERS. 15 

such provision was made for him, although his son was not 
entirely overlooked ; whence it may be reasonably con- 
cluded, that the income of Mr. William Howard, derived 
through the medium of the duke, was most probably re- 
ceived from him as trustee under some settlement, not to 
be characterized a voluntary or charitable donation depend- 
ing on his pleasure or requiring a bequest for its continu- 
ance ; and this conclusion will appear yet more credible 
when a subsequent possessor of the title shall be found to 
have stated, that he did hold a small estate in trust for 
this family.* 

Tradition also relates, that Mr. Charles Howard of Grey- 
stoke, had familiarly called Mr. William Howard by the 
title of " brother ;"f which, if true, would apparently have 
relieved his descent from the ambiguity that surrounded it : 
that the duke's steward had been merely the receiver of 
monies to his use ;J and that in his latter days he had be- 
come aware of his birthright entitling him to a more ele- 
vated position in the world than he had occupied ;§ but 
the materials are scanty on which to found any correct 
data for argument. Whatever letters or papers he had pos- 
sessed, or memoranda of facts or circumstances he might 
have accumulated at the period of his death, none passed 
into the hands of his son, or otherwise became available 

city, — to whom the duke left twenty pounds per annum. These annuities 
were charged on the Glossop estate, co. Derby, and the Rothwell and Round- 
hay estate, co. York. The legacy to Mr. William Howard's son Walter, was 
in South Sea Stock. 

* Appeal of Mr. Walter Howard to the Lord Chancellor, 30th July, 1805 ; 
Appeal to the House of Peers, 30th May, 1806 ; Letter to the duke of Nor- 
folk, 5th November, 1809; Mrs. Howard to the Duke, 15th June, 1810. 
—Appendix. 

t The Mysterious Heir ; or who is Mr. Walter Howard ? By T. C. 
Banks, esq., 8vo., 1816. 

X Letter of Mr. Walter Howard to the duke of Norfolk, 5th November, 
1809; Appeal to the House of Peers, 28th January, 1811; Address to 
H. R. H. the Prince Regent, 12th February, 1811. — Appendix. 

§ Letter of Mr. Walter Howard to the duke, dated 2nd June, 1804. — Ibid. 

b2 



16 THE HOWARD PAPERS. 

for the furtherance of any subsequent investigation tending 
to the discovery of his descent: a cloud of mystery seemed 
to hang over his life, and the umbrage of the grave to ceil 
in final obscurity the story of his parentage. That he was 
born we may safely conclude : that he was married and 
that he died are facts which have been satisfactorily ascer- 
tained ; but he might have been the iron mask so far as 
any place could be discovered for him in the pedigree of 
" all the Howards ;" and the researches of the Heralds, 
with the Earl Marshal at their head, seem only to have 
tended to mystify the inquiry. Whether a result so unfor- 
tunate had really emanated in good faith, or the professed 
sincerity of research # had been merely the pretext of a de- 
ceitful purpose, is a question, perhaps, that may be now, if 
ever, dispassionately reviewed, when all the parties — the 
oppressor and the oppressed — are gone to their account ; 
but " throughout the whole of the extended genealogy of 
the noble house of Howard," observes a writer advocating 
the cause of the son, " no trace appears of the family of 
Mr. Walter Howard, — a circumstance the more peculiarly 
worth notice, inasmuch as it is not a little extraordinary 
that Edward duke of Norfolk should have taken such 
notice of, and even made a provision for one, who was no 
where named or purported to be of his race ! "*j- 

If Charles Howard of Grey stoke, had been the "brother" 
of the mysterious deceased, they must have claimed the 
same father or mother for a parent ; but Mr. Charles How- 
ard of Greystoke, claimed a father from whom he took an 
estate and a designation ; while tradition tells that Mr. 
William Howard had very little distinct remembrance of 
his parents ; and the circumstances collected in after years 
by his son appear to have been such as a mind roused by 
neglect to a sense of the inquisitive, and restless under a 

* Ante page 13, n. 
t The Mysterious Heir; or who is Mr. Walter Howard? By T. C. 
Banks, esq. 8vo. 1816, 



THE HOWARD PAPERS. 17 

conviction of ill treatment, had from time to time gathered 
from some old connections or retainers of the family with 
whom he had intercourse or occasionally came in contact: 

Nurses' tales and beldames' histories ; 

for it does not appear that he possessed any documentary 
proofs or family evidences to clear up the mystery of his 
father's descent. If dependence may be placed on a 
kind of apologetical admission of the Rev. James Dallavvay, 
the Earl Marshal's Secretary — (a position that gave to 
him, at any rate, the rank of an authority, however deficient 
may have been his knowledge) — who many years after- 
wards recorded his statement in print, Mr. William How- 
ard's father "was certainly considered a country gentle- 
man, but that himself was in very reduced circumstances."* 
This was indeed a near alliance to gentility, while it recog- 
nised a respectable and legitimate descent. Mr. William 
Howard's own account to his son was, that he had been 
left an orphan at a tender age, and his earliest recollection 
found him under the protection of two noblemen, by whom 
he had been sent for his education to a school at Appleby, 
in Westmoreland. How his after years were passed, 
whether he had been brought up to any profession, occu- 
pied any public station, or in what manner he had passed 
the years of his life, we have no account. Mr. Walter 
Howard, in a letter to lord Chancellor Eldon,f incidentally 
observes, that "his father, William Howard, was well known 
to the late duke,;}; to Mr. William Seymour, the steward 
of his Grace, and to many others, as well as at the Heralds' 
Office." As it has not been ascertained that he held any 
appointment in the nomination of the Earl Marshal, Mr. 
William Howard probably was only known to the officers 
of that establishment as a member of the family of their 

* Gent. Mag., 1816, Pt. I., p. 104. 
t Letter dated 18th December, 1809. — Appendix. 
X Charles Howard of Greystoke, duke of Norfolk, 1777-1786. 



18 THE HOWARD PAPERS. 

chief by the connection and intercourse that undoubtedly 
subsisted. At the age of thirty he appears to have been 
married at Jersey, in the year 1755, to Miss Catharine 
Titcombe : the entry in the parish register-book stiles him 
" William Howard, esq.," and states that he was married 
by license ;* circumstances that bear testimony to the res- 
pectability of his position at that time. Walter Howard, 
the only surviving child of that marriage, is stated to have 
been born in the year 1759.f 

In 1777, as before stated, Mr. William Howard closed 
the mysterious career of his existence : the register of 
burials of the parish of Lambetji supplies the ordinary evi- 

* " Extract of* the Parochial Register of Marriages of the Parish of St. 
Martin, in the Island of Jersey : — 

" William Howard, esq. and Miss Catharine Titcombe, both of the 
parish of St. Helier, being dispensed with the publication of their Banns of 
Marriage, were married together on the eighth day of June, one thousand 

seven hundred and fifty-five, by me, 

" Fr. Le Couteur, Rectr. 
" Given for true Copy, St. Martin's > 
Parsonage, this 7th day of October, 1810. $ 

" Ch. Le Toczel, Rector. 

" W. Chs. Gallichan, > ... ,„ , __ . 

„„„«,„ > Surveillars or Church Wardens." 

" Ph. Godfrey, > 

The above Certificate, found among the papers of Mr. Walter Howard, 
was enclosed in the following letter, which, as it does honor to the writer, 
is here appended : — 

" St. Martin's Parsonage, Jersey, 
" Sir, " October the 8th, 1810. 

" I have received the letter you did me the honor to write to me, 
dated the 1st instant, and I have lost no time in searching my Church 
Books for the marriage of William Howard, esq. and Catharine Titcombe, 
which, having had the good luck to find in suo loco, I take the liberty to 
transmit to you enclosed, and without delay, signed by myself and my 
Church-wardens. The expenses, Sir, are nothing at all, as I think myself 
sufficiently rewarded by the pleasure of having obliged a person of your 
consideration. " Allow me to subscribe myself, 

" Sir, 
"Walter Howard, esq. "Your obedient humble Servant, 

" &c. &c. See, "Charles Le Touzel." 

t May 19, 1759.— Heralds' Office Pedigree, 



THE HOWARD PAPERS. 



19 



dence of the fact ;* and we learn from a letter of Mr. Wal- 
ter Howard to the Lord Chancellor Eldon,f that " the 
funeral was attended by the late possessor of the Norfolk 
title, who was then called Mr. Howard of Greystoke,.); as 
chief mourner, and by Mr. Seymour, the duke's steward." 
Mr. Walter Howard, who was not himself in England at 
the time, gave this statement on the information of " Mr. 
Seymour and others. "§ If the statement be correct, and it 
appears to have been made, on his part, in all the sincerity 
of truth, without reference to any argument that may be 
now raised from a circumstance so remarkable, there can 
scarcely remain a doubt of some known and recognised 
affinity in blood between the mourner and the mourned ; 

* The date of burial appears to have been the 28th October; and it may 
be inferred from the brief record that Mr. Howard had resided in that pre- 
cinct of the parish denominated "The Marsh;" a district then but thinly 
dotted with detached country residences, and scattered roadside houses of 
lesser note, with gardens in the rear. 

In this parish, not far from, the episcopal estate, the Howards had for- 
merly a mansion; and in the Howard Chapel, built by Thomas duke of Nor- 
folk, in 1522, within the old parish church, many distinguished members of 
the family had sepulture. The house and grounds, ornamented with a 
stately avenue of trees, known as the Earl of Arundel's walk, passed from 
the family by sale early in the reign of Elizabeth, and a distillery now oc- 
cupies the site: but Thomas earl of Arundel still retained a "Summer 
Garden" in the parish, where he set up some of his " mutilated" antiquities ; 
and seems to have entertained a lingering regard for the neglected oratory 
where his ancestors had worshipped and lay entombed. In his will, dated 
at Dover, in 1611, " I desire also," he says, " the Howard Chappell at 
Lambeth may have some little cost bestowed upon it, and kept still for our 
family, both to heare sermones there, when they shall think good, and de- 
posite the dead bodyes of such of our family as shall be carryed to Alebury 
and so to Arundel."— Harl. MS. 6212. 

Family dissensions unhappily interposed between the Earl's will and its 
performance : and the interesting little chapel of the Howards, with its 
family memorials, became a wreck of time. 

t Letter dated December 18, 1809. — Appendix. 

\ Mr. Charles Howard, who succeeded to the title on the decease of 
Edward duke of Norfolk the same year. He died in 1786. 

§ Letter to the Lord Chancellor Eldon, 18th Dec, 1809. — Appendix* 



20 THE HOWARD PAPERS. 

else why should the heir presumptive of the ducal Howards 
(according to the official arrangement of the family pedi- 
gree), follow to the grave the mortal remains of this reduced 
gentleman of his family name? Moreover, at this very 
juncture of time, Mr. Charles Howard of Greystoke had 
the ducal coronet suspended over his head by so slight a 
thread, that it was ready any day to drop on to his expectant 
brow, even if the chrysalis of his commonalty might not be 
said already to have burst and expanded into the straw- 
berry leaves of his ducal honor; for Edward duke of Nor- 
folk had deceased on the 20th of the preceding month of 
September, and the first days of October had witnessed the 
deposit of his earthly remains in the ancient sepulchre of 
the Albinis in Arundel church. But Mr. Charles Howard 
was not heir by immediate representation : as heir pre- 
sumptive he claimed relationship by a very collateral course 
of descent ; he had not, under the circumstances of his suc- 
cession, even by courtesy, immediate pretence to any title 
of honor pertaining to the ducal house; but remained a 
commoner still — Mr. Charles Howard of Greystoke — until 
such time as his right of inheritance to the family honors 
had received the sanction of competent authority having 
jurisdiction of baronial titles of honor. So far from his 
succession being immediate, or matter of course, by a 
standing order of the House of Peers made several years 
before,* to restrain the undue assumption of Parliamentary 
honors, it was requiredf that Mr. Charles Howard should 
in the first instance file his pedigree, with the proofs of his 

* May 11, 1767. 
t In the peerage of Scotland, certain resolutions of the Lords to the same 
end appear likewise to have become inoperative ; for at a meeting held at 
Holyrood House on the 13th July, 1826, for the election of sixteen represen- 
tative peers of Scotland, the earl of Roseberry, in reference to proceedings 
at a previous meeting, observed, that if a right construction had been put on 
those Resolutions, the intention of them was not answered, since collateral 
descendants on assuming a title, could come forward and vote without their 
claims having been brought before the proper authorities; and he proposed 



THE HOWARD PAPERS. 21 

descent, in order to the establishment of his presumptive 
right. In the case of a protestaut heir, it would have been 
imperative: a member of the established church could not 
have taken his seat in parliament until the requirements of 
the standing order had been satisfactorily complied with ; 
and it had been so reported by its proper officers to the 
House. If a Roman catholic, excluded from the exercise of 
parliamentary duties by penal enactment had been exempt 
from, or was enabled to avoid such preliminary inquiry into 
his pretensions, his succession became a mere assumption 
of title evasive of the regulations of the House, — the more 
objectionable when it is remembered that the Estates of 
the realm having dispensed with the legislative advice and 
assistance of the Roman catholic peers, the Council of the 
State had been, on occasion, scrupulously careful never- 
theless, to recognise their parliamentary privileges.* In the 

an amendment, whereby " Persons assuming to be collateral descendants 
of Peers shall not be entitled to vote until their claims shall have been 
decided on in the proper quarter." 

Referring to the same matter, about the 16th May, 1827, the Earl of 
Roseberry presented a petition to the House of Lords, praying their Lord- 
ships to call upon Humphrey Alexander to shew by what right he assumed 
the- title of earl of Stirling, and to prevent him from voting at the election 
of the Peers of Scotland till he had proved his pedigree before the proper 
Court. 

Five years later, namely, on the 19th March, 1832, the Earl of Roseberry, 
in the House of Peers, renewed his complaint of the evils arising from the 
loose practice before described; and then obtained the appointment of a 
select committee to take the subject into consideration, with the view of 
preventing "the facility with which persons can assume a title without 
authority, and thus lessen the character and respectability of the peerage in 
the eyes of the public." — Mirror of Parliament, p. 1280. 

* Anomalous as the position may appear, a remarkable illustration 
occurs in the case of Thomas duke of Norfolk, arrested on suspicion of high 
treason, by warrant of the Lords of the Privy Council, in the year 1722. 

An act for the suspension of the Habeas Corpus Act had recently been 
passed, and a clause introduced providing tbat no member of either House 
should be imprisoned during the sitting of parliament, without the consent 
of the House to which the member belonged. 

The evident intention had been, that the votes of either House should not 



22 THE HOWARD PAPERS. 

present case it has been suggested that the official dignity 
of earl marshal, hereditary in the ducal Howards, had 
afforded facility for the omission of the required forms and 
proofs, by merging the claimant of a titular honor and his 
official opponent in one and the same person,* the standing 

be acted on or controlled by the government exercising an arbitrary power 
of locking up its sitting members. The duke of Norfolk, a Roman catholic 
peer, was not in the position contemplated by the act ; nevertheless the 
privilege of a peer of parliament was recognised in his person : the minister 
of the Crown came down to the House of Lords, announced the suspicions 
of the government, the arrest of the duke, and asked the consent of 
the House to his detention. The motion was debated, and on the vote that 
followed, the duke was committed to the tower. 

The debate was stormy, but no allegation was made of any privileges of 
a sitting member of the House apart from those of a peer of the realm 
excluded from the exercise of his legislative functions. 

Charles the First, when he arbitrarily sent Thomas earl of Arundel to 
the Tower " for a misdemeanor personal to his majesty," attempted to draw 
a distinction between the royal prerogative and the privileges of the peers, 
assuring the House that the matter of the earl's restraint " had no relation 
to matters of parliament," and therefore without their jurisdiction : — the fact 
being, that the countess of Arundel and the old duchess of Lenox had pre- 
sumed to concert a marriage with a Stuart without the consent of the 
royal chief of that noble clan first obtained. The king was obstinate, and 
the affair continued in agitation almost three months; the House, on 
searching for precedents, finding there was but one case of a peer being 
committed, the parliament sitting, without trial or judgment of the Lords 
in parliament. 

* The Earl Marshal having jurisdiction in the Court of Chivalry, and 
the appointment of its officers, has officially the College of Arms under his 
control. " He holds his Court in the Common Hall of the College of 
Heralds, London, where its members sit as his counsel and assistants, in 
their rich coats of his majesty's arms, being all the king's servants in or* 
dinary; and when any dispute arises concerning descents, pedigrees, es- 
cutcheons, &c. &c. he is the judge to determine them."— Noble. 

In 1687, His majesty having required Henry duke of Norfolk, Earl Mar- 
shal, to hold a Court of Honor, his Grace appointed the 5th October, to 
keep it in the Painted Chamber, Westminster; and on that day, holding 
his Court according to the law of Arms, attended by several doctors of the 
Civil Law, the kings and officers of Arms, he heard, and at a subsequent 
Court, January 11th, 1687-8, " dismist the trunkmaker's petition to the 
earldom of Northumberland." — LuttrelVs Diary. 

During the " legal incapacity " of the several dukes of the Romish faith 



THE HOWARD PAPERS. 23 

order of the House of Peers not being moved to action in a 
case where no sitting in parliament was demanded or could 
take place. If this were so, the suggestion involves a 
serious imputation of dereliction of public duty, to say no 
worse, on the part of the noble person having the functions 
in authority; for an apologist of Charles duke of Norfolk 
(last of the Greystoke line), in the same office, has repre- 
sented the Earl Marshal to be invested with great ^respon- 
sibility, no less than the guardianship of the rights of the 
peerage. "When the duke," observes his official secretary, 
"is represented as having been jealous of the pretensions 
of other noblemen, the accusation is ill-grounded. True, 
indeed it is, that he felt the high responsibility of his office 
of Earl Marshal of England ; and as often as claims to 
dormant and extinct peerages were found, upon the maturest 
investigation, to rest only upon conjecture instead of proof, 
and to be foisted up by spurious reasoning instead of being 
supported by fact, he resolutely and effectually opposed 
them. The decisive part he took in some recent cases of 
claims to the peerage, originated solely in his integrity of 
feeling as the guardian of the rights of the peerage."* The 
allegation, in the case of his father's succession had been, 
that taking an important hereditary dignity as an alleged 
collateral heir, he stood precisely in the position of one 
claiming a dormant title ; that no investigation whatever had 
taken place as to the integrity of his pretentions ; and where 
then was the jealous authority of the Earl Marshal, as 
" guardian of the rights of the peerage," to check any un* 
authorized intrusion, or evasion of the Standing Orders of 
the House of Peers ? Thus, " upon the death of Edward 

to hold offices under the Crown, a protestant member of the Howard family 
or its connections bad usually been appointed deputy Earl Marshal by the 
king's license. In 1777, Thomas Howard, earl of Effingham, appears to 
have held the appointment. In 1782, Charles Howard, earl of Surrey by 
courtesy, having conformed to the protestant faith, was appointed deputy 
to his father, Charles duke of Norfolk. 

* Dallaway. Letter of E. M. S.— Gent. Mag. 1816, Pt. l^p. 104, 



24 THE HOWARD PAPERS. 

duke of Norfolk in 1777, without issue," observes Mr. Wal- 
ter Howard, " the elder branch of the family failed in the 
male line, and the succession to the dukedom and other 
honors devolved upon the next and nearest heir male in a 
collateral degree ; upon which occasion Charles Howard of 
Greystoke, who stood in the relationship of second cousin 
to the deceased duke (through a remote branch of the 
family,) assumed the hereditary dignities, but did not, as 
your Petitioner has been informed, undergo any investiga- 
tion of the law officers of the Crown, as to the right under 
which he assumed them."* 

Taking this allegation to have been a well ascertained 
fact, we may here leave it on its merits. Rightfully or 
otherwise Mr. Charles Howard dropped insensibly into the 
Norfolk honors, which he adorned with all the modest vir- 
tues that had accompanied his earlier if not his more retired 
career; for in his ennobled as in his private station he 
found few occasions of publicly demonstrating the patriotism 
of his sentiments or the morality of his life. 

" To be nobly born and of an ancient family," says Dry- 
den, " is the extreme of fortune, either good or bad ; for 
virtue and descent are no inheritance. . . . He who has 
nothing may play securely, but he who is born to a plea- 
sant estate, and is ambitious of offices at Court, sets a stake 
at fortune. You, my lord," he adds, addressing a noble 
patron, "enjoy your quiet in a garden where you have not 
only the leisure of thinking, but the pleasure to think of 
nothing which can discompose the serenity of your mind."f 
Dryden had contemplated " a private greatness that will 
not be polluted by ambition." But woe to our happy land 
when the gentlemen of England shall abandon the honor- 
able ambition of serving their country, either in court or 
camp, for the maudlin sentiment of a listless ease. 

Mr. Charles Howard had sighed for active life ; but de- 

* Petition to the King, 1816. — Appendix. 
t Dedication of the Georgics to the Earl of Chesterfield. 



THE HOWARD PAPERS. 25 

barred by the religious faith he professed from " honors 
and emoluments acceptable to persons of his rank/' and 
given to contemplation and study, perhaps by natural im- 
pulse, he had sought solitude under circumstances of a re- 
signed contentment, and found a " solace in literature " as 
a relief from positive inaction. That religious tenets should 
have stood in the way of the public employment of such a 
man, was perhaps as great a loss to the nation as it proved 
a deprivation to himself; for it was among his written 
opinions " that religion should never be blended with poli- 
tics further than it enjoins a due submission to government, 
and an attention to the peace and prosperity of society."* 
Fear God ; honour the king ; respect the laws : — 

Ayme l'estat tel que tu le vois estre, 
S'il est royal, ayme la royaute, 
S'il est de peu, ou bien communaute, 
Ayme Pausi: car Dieu t'y a fait naistre.t 

" Being of this or that religion or party," he writes to his 
son, " merely because your ancestors were of it, is no solid 
reason; if it were, it would justify all the errors in the 
world : it may be, as it is, the accidental cause why you 
are so ; and it justifies any person in remaining in it, till 
such time as he can be convinced of the falsehood, or knows 
a better way ; but in his change he ought to use the utmost 
caution, lest he be actuated by interest, passion, or any 
undue influence whatsoever, which always must warp the 
mind from cool conviction and truth : — 

" Take but one side and on that side be strong, 
Till time convinces clearly you was wrong, 
Then own it with a manly kind of pride, 
And quit the losing for the winning side,"}: 

Cherishing opinions so agreeable with liberty of con- 
science, but hardly consistent with the restraint of the 

* Thoughts, Essays and Maxims, chiefly religious and political, addressed 
to his son, by Charles Howard of Greystoke, esq. — 1768. 

t Montaigne. $ Thoughts, Maxims, &c. ut supra. 



26 THE HOWARD PAPERS. 

faith he had been taught to revere, Mr. Charles Howard 
felt keenly the curb, — perhaps the necessary general res- 
traint,— that repressed his own individual noble action in 
the public weal. Hence it was that he set forth the 
causes of his common debasement in " Considerations 
on the Penal Laws against Roman Catholics ; # and then 
aggravated his own particular wrongs by a modest exposi- 
tion of the " Maxims religious, and -political "f that ruled 
the even tenor of his life. From this curious multum in 
parvo, which takes a discursive view of the metaphysics of 
morality, public and private, we may here ensample from 
the latter his " Thoughts on Justice." 

"Justice," observes Mr. Charles Howard, "is one of the 
attributes of the Almighty, and required by our Creator 
from man : the command of all laws divine and human : 
and as the first ought to be and are the foundation of the 
second, so is justice the security of society and the barrier 
of property. Restitution of ill-gotten money or effects, is 
a very essential part of justice and a very necessary prelude 
to repentance, which is otherwise a mockery : 
" Fiat justitia et ruat coelum.":j: 

Stern philosophy ! worthy of the highest praise ; precept 
immaculate, that yet, alas ! awaits the millennium ; for it 

* Considerations of the Penal Laws against the Roman Catholics in 
England and the newly acquired Colonies in America, in a Letter to a 
noble Lord. By Charles Howard of Greystoke, esq. — 1764. 
t Thoughts, Maxims, &c. ut supra. 

$ Ibid. " L'amour de la justice," says Rochefoucault, " n'est en la plu- 
part des hommes, que la crainte de souffrir Pinjustice;" and these reflec- 
tions, with the awful equity of the climax, may perhaps have had particular 
reference to personal wrongs Mr. Charles Howard claimed for his own. In 
the introduction to the work whence they are quoted, the author acquaints 
his reader that they had been chiefly composed by way of pastime " while 
attending his business in Paris." This appears to have been the prosecution 
of a claim to participation in the personal estate of an intestate Frenchman, 
under the 13th Article of the Treaty of Utrecht, by which subjects of Great 
Britain were allowed to succeed to the personal property of relations dying 
in France. The claim was founded on the following statement of pedigree : — 



THE HOWARD PAPERS, 



27 



is a maxim confessed by the most moral of writers that 
" truth is not always convenient in business, nor the rigid 
exercise of virtue propitious to worldly success." Hence 
we may be prepared amid the most daring apostrophes or 
denunciations to the auspicious or inauspicious gods, to 
recognise a case of virtuous suffering under difficulties, — 
the corroding canker of a noble soul : — 

" Justum et tenacem propositi virum, 
Si totus illabatur orbis, 
Impavidum ferient ruinss : " 

— adopting Churchill's paraphrase : — 

" 'Tis not the babbling of the busy world, 
Where praise or censure are at random burl'd, 
Can shake the settled purport of my soul, 
Or the meanest of my thoughts control : 
Free and at large might their wild censures roam. 
If all, alas! ivere well at home." * 

At home ? Alas ! alas ! what could have been ill at home ? 
It might have been supposed, there at least, all went well ; 



Jaques Trublet, = Helen Porter, = John Aylward, 
of French origin, i of Ireland. I an Irishman. 



Michael Tmblet, 

de la Herse, 

died in France, 

s. p. & intestate, 

1755. 



Terese = 
Trublet. 



= M. de Mary 

Ner- Aylward. 
mond. 



= Charles 
Howard, 
of Grey- 
stoke. 



Anastatia= Sir Robert 



Aylward, 
bom in 
France. 



Moore, 
Bart. 



M. de Nermond, Laurence, Charles Frances Eight children, of whom 

Councillor of the _ (a daughter.) Howard. Howard. six are naturalized 

Parliament of Paris. French subjects. 

Mr. Charles Howard and Miss Frances Howard claimed their part of a 
succession to the personal estate of Michael Trublet, the intestate, " their 
uncle, who died in France." All the sisters of M. Trublet having died 
before him, his estate was claimed by his nephews and nieces, twelve in 
number, children of his sisters, who were classified under three heads, 
namely, natural French subjects; naturalized subjects of France; and those 
born in England and not naturalized. Of the latter were Mr. Charles How- 
ard and Miss Frances Howard, who claimed under the Treaty before men- 
tioned. — Memorial of Charles Hoicard, of Greystohe, esq. and Miss 
Frances Howard, of the Family of Norfolk, in England.— 4to., 1763. 

* Thoughts, Essays and Maxims, &c. ut supra. 



28 THE HOWARD PAPERS. 

for so virtuous an essayist could hardly have committed 
or countenanced a wrong, aggressively or by omission ; 
and for himself, at this particular time, 1768, by the recent 
decease of a more immediate successor, Mr. Charles How- 
ard had become heir presumptive to the ducal honors of 
the family of Howard ; and nine short years actually ele- 
vated him from the condition of a private gentleman of 
moderate estate to that of the most exalted rank of nobility, 
below the blood royal of the land. Here was a prospect 
that might have gratified the desires of the most ambitious ! 
How sayest thou ? was not this well ! Rousseau would 
probably have replied : — 

Nous ne savons ce que c'est que bonheur ou malheur absolu. 

— it depended on the temperament of the man ; and the 
contingency was not accompanied by those amenities of 
personal intercourse or professed regard that might have 
converted kindred into friendship, and softened the intro- 
duction to a higher sphere of rank. The duke was a 
Roman catholic, if not a papist, absolute, as all members 
of that church must be ; for its doctrines admit no shade 
of dissent. Mr. Charles Howard had publicly admitted 
the possibility of being "convinced of the falsehood" of 
doctrines he nevertheless himself professed ; — of " knowing 
a better way " to Heaven than the dogmatic passport of a 
priesthood or the guarantee of a papal bull. If such ad- 
missions were not heretical, they could hardly receive the 
countenance of the head of the Romish party, or inspire 
stable hopes of a successor ; besides, a traditional hostility 
between the ducal and the Greystoke Howards had long 
resulted in a severance partaking of few sensations better 
or worse than perfect indifference ; personal distaste, arising 
from a total dissimilitude of constitutional temperament 
and disposition of mind, exercising perhaps little influence 
where there were no active sentiments of regard or aver- 
sion to be overcome. Yet while natural events had placed 
within probability, possession of the ducal honors to 



THE HOWARD PAPERS. 



29 



Mr. Charles Howard of Greystoke, and the venerable 
duke had been advised to a re-settlement of his inheritance 
in conformity with the legal necessity of his tenure, his 
endurance of his immediate heir was limited to that extent, 
— the son in place of the father was made party to the 
compact,* — and in his will, ten years later, (confirming 
settlements on other members of his family, and securing 
his "moveables" of value to heirs in remainder) Mr. Charles 
Howard of Greystoke is but once named, and then as "the 
person who will succeed me to the dukedom of Norfolk."f 
These, however, were incidents beneath the consideration of 
a great mind, howsoever much as facts they are calculated 
to represent the absence of " natural affection." Of a man 
matured in lamentations, and to whom advancement had 
all his life been an object of ambition, it could hardly be 
said hinc illce lacrymce. Grief is proud, saith the poet; 
and a sorrow that must be borne and never told, had less 
reference possibly to his immediate temporal desires than 
it gave moral grandeur to a mind affecting, however 
imperfectly, the stoical philosophy. 

Ill designed by nature for a high position, eccentric in 
his habits and manners, Mr. Charles Howard seems to 
have been best fitted for that modest position of reclusion 

* By Indentures of lease and release, dated 10th and 11th June, 1767, 
made between Edward duke of Norfolk, of the first part; Charles Howard 
the younger, of Greystoke, esq., son and heir apparent of Charles Howard 
the elder, of Greystoke aforesaid, esq., of the second part; and Henry 
Howard of Sheffield, esq., son and heir of Bernard Howard, late of Win- 
chester, esq., deceased, one of the devisees in remainder named in the last 
will of Thomas, late duke of Norfolk, of the third part. — MS. Hargrave. 
Mr. Charles Howard of Greystoke, however, was himself also one of the 
devisees in remainder named in the last will of Thomas duke of Norfolk, 
who deceased anno 1732. 

t To the person who will succeed me to the dukedom of Norfolk, namely, 
Charles Howard of Greystoke, esq., I leave my carriages, horses, wines and 
liquors, hay, straw, &c. in my mansion houses and the stables thereto, sub- 
ject to the condition that he shall pay for all such as shall remain unpaid 
for at the time of my decease. — Ex Reg. in Cur. Prcerog. Cantuar. 

C 



30 THE HOWARD PAPERS. 

in which he found himself most at home ; where he could 
meditate on his individual wrongs, observe the movements 
of the great world, unobserved, from his own point of view, 
and mourn in passive strains the depravity of the human 
race. Providence has not designed all men to win a 
sceptre or to grace a throne : some tempers, wisely, have 
been formed for the more humble and obscure scenes of 
life, — as there are some plants which flourish best in the 
shade : yet the lowliest shrub and the loftiest tree have 
each their purposed use. Nature, distributing her favors 
broadcast, has not been unfaithful in her office, though 
man, reversing her design, shall choose to cultivate a weed ; 
or the caprice of fortune shall play the changeling and 
gambol with her works. Tis thus, while many a Christo- 
pher Sly, bombasted for the nonce, may exclaim, — 

— — I am indeed a lord, 
And not a tinker : — 

Sir Rowland's son, in humble guise, shall still plead in 
vain for the appanage of gentle birth. And men, misplaced 
by fortune, in every rank of humankind ; forgetful that — 
We ought to blame the culture, not the soil, 

appeal to high heaven against the perversity of fate, and 
crave alleviation of their unhappy lot. 

While some affect the sun, and some the shade, 

Some court the world's applause j some seek the hermitage. 

" Let us withdraw our eyes from the pomp of titles and 
the vain fluctuating pageantry of Courts, and view Charles 
Howard in his retirement at Dibden, near Dorking." # 
Adopting his own words, let us transfer the vision from his 
namesake and reputed ancestor to himself. 

"Solitude," writes Zimmerman, "by stripping worldly 
objects of the false splendour in which fancy arrays them, 
dispels the vain ambition of the mind. Accustomed to 

* Historical Anecdotes of several of the Howard Family, by Charles 
Howard of Greystoke, esq. — 1769. 



THE HOWARD PAPERS. 31 

rural delights, and indifferent to other pleasures, a wise 
man no longer thinks high offices and worldly advancement 
worthy of his desires. It is only in rural life that a man 
can enjoy the treasures of the heart ;" # and there the volun- 
tary patriot exile sought and found " a refuge from the per- 
secution of the world :"*j- there the expectant noble delighted 
most to take his ease. Of another shade of sober melan- 
choly it might have been said : — 

of men 

The happiest he ! who, far from public rage, 
Deep in the vale, with a choice few retir'd, 
Drinks the pure pleasures of the rural life. 

But Mr. Charles Howard was not convivial in his plato- 
nism ; it is doubtful even if he would have gone the length 
of another christian philosopher, who, with the experience 
of life at Court, admitted, que la solitude est certainement 
une telle chose; mais il y a plaisir d' avoir quelqu'un qui 
sache repondre; a qui on puisse dire de terns en terns, que la 
solitude est une belle chose.% Mr. Charles Howard read 
men in books : eschewing the vanities of the outer world, 
and viewing society through the crannies of his own " long 
Hope,"§ he appears to have modified the obscure content- 

* Solitude; or the effects of Occasional Retirement, 
t Historical Anecdotes, ut supra. % Balzac. 

§ Near to this place (Dorking), writes Aubrey, the Hon. Charles Howard 
of Norfolk hath very ingeniously contrived a long Hope, (ie. according to 
"Virgil, Ductus vallis,) the most pleasant and delightful solitude that I 
have seen in England. The true name of this Hope is Dibden, — quasi 
Deep-Dene. The house was not made for grandeur, but retirement — (a 
noble hermitage !) — yet elegant and suitable to the modesty and solitude 
of the proprietor, a christian philosopher, who in his own age lives up to 
that of the primitive times. 

Describing the natural beauties and artificial arrangements of this happy 
valley j its garden studded with cherry trees and evergreen shrubs; its 
walks bordered with "twenty-one sorts of thyme;" and its subterranean 
passage, that, when pierced through the hill, should afford a vista over the 
southern part of Surrey to the sea. "Here," writes Aubrey, "in the 
sandy hill, the conies have made their holes;" here also had man made 
" caves for beer! " Gladdened by its exhilarating influence, and the " very 

c2 



32 THE HOWARD PAPERS. 

ment of the poet, and the modest luxury of the Greek 
philosopher he mostly affected, to his own peculiar and 
practical taste. 

"I live/' writes Plutarch, "entirely on History; and 
while I contemplate the pictures it presents to my view, my 
mind enjoys a rich repast from the representation of great 
and virtuous characters. If the actions of men, which I 
must necessarily look into, produce some instances of vice, 
corruption, and dishonesty, I endeavour to remove the im- 
pression or to defeat its effect. My mind withdraws itself 
from the scene, and, free from every ignoble passion, I attach 
myself to those high examples of virtue so agreeable and 
satisfactory to contemplate, and which accord so completely 
with the genuine feelings of our nature." 

"The life of a good man," writes Mr. Charles Howard, 
" I always contemplate with pleasure ; and this 1 look upon 
as the most pleasing as well as instructive part of history, 
inasmuch as it proposes to every man in private life worthy 
examples which are within his power, for the most part, to 
imitate ; a benefit which he seldom finds in the voluminous 
accounts of the rise and fall of empires. It may be very 
pretty to know the precise time to a day on which the bat- 
tle of Pharsalia was fought, or any other memorable event 
happened ; but does not the humane mind pay too dearly 
for this knowledge ? When I look at some thousands of 
men slaughtering each other with unrelenting fury, for the 
wise purpose only of deciding whether they and many 
millions more shall be slaves to A. or B., an Alexander, a 
Csesar, or a Charles of Sweden, — sometimes half roasted 
by the parching heat of the sun, and at other times almost 

civil entertainment of Mr. Newman, the steward, (according to his master's 
order)," the excited ambulant wandered through this " Garden of Eden " 
with sensations that might have restrained from sin the first Adam ; for 
the pleasure, he declares, " was so ravishing, that I can never expect any 
enjoyment beyond it but the kingdom of heaven!" — Peramb. of Surrey, 
1719, v. iv.,p. 164. 



THE HOWARD PAPERS. 33 

frozen to death, or perhaps wading up to the chin in water, 
that after ages may know that the greatest dangers, fatigue 
or trouble could not deter them from their fixed resolution 
of doing as much mischief to mankind as lay in their 

power " The glories and calamities of war were 

alike repugnant to every sentiment of his mind. For him — 

■ let Jove incrust 

Swords, pikes and guns in everlasting rust, 
Peace is my dear delight ! 

Having no idea of seeking the bubble reputation in the 
cannon's mouth; inheriting less of the Trojan than the 
Hippomolgi in constitutional complexion ; like the classic 
Jupiter from the field of carnage, — " I withdraw my eyes," 
he continues, "from such hateful scenes, lamenting the 
depraved state of man, and retire, with comfort and tran- 
quillity, to my villa at Dibden (which I am now endeavouring 
to restore to its primitive state of rural elegance), and view 
the more useful though perhaps less happy merchant or 
mechanic, who, while he is accumulating a comfortable sub- 
sistence for his growing issue, is strengthening the powers 
of the state and giving bread to many industrious families. 
Agreeable to the adage, which tells us that example is better 
than precept, it is from such views only that we are most 
likely to get the best aids, next to those in Holy Writ, 
which are necessary to direct and enable us to fill our 
places in society with comfort to ourselves and utility to 
others. Nothing can be more ridiculous than for a man to 
presume that the honor resulting from the good works of 
his ancestors devolve to him in right of blood only, without 
his taking the least pains to shew by his own good works 
that their blood is still inherent in him, — a cheap way in- 
deed of acquiring honor ! so cheap that the world will, very 
justly, never admit of it." * 

* Historical Anecdotes of some of the Howard Family, by Charles How- 
ard, of Greystoke, esq. London, 1769. 



34 THE HOWARD PAPEKS. 

Thus did the recluse associate the morals of St. Chry- 
sostom with the just reserve of the Roman poet: — 

Nam genus et proavos et quae non fecimus ipsi 
Vix ea nostra voco. 

" It is from a man's own merit or demerit only that he 
can expect to rise or fall in the opinion of the sensible part 
of the world. 

" Honor or shame from no condition rise — 
Act well your part, 'tis there true honour lies," * 

These noble sentiments, penned for the guidance of his 
son in the elevated sphere of action that fortune had then 
too plainly indicated to be doubtful , as the inheritance of 
each in succession, merit the highest consideration for their 
own intrinsic worth. Yet it cannot be disguised that an 
independent spirit takes its most lofty flight in greater 
safety and is capable of the most steady course the more it 
is ballasted by worldly wealth. It is not to be questioned 
that competence and contentment are great auxiliaries to 
virtue, as they are the basis of earthly happiness. Thus, 
in all his patriotic aspirations, it must still remain a doubt 
whether Mr. Charles Howard's views of public employment 
had ever been dissociated from a dependence on the " sweets 
of office :" whether in fact he had ever mentally embodied 
that truly golden position, the occupancy of the public 
voice, — 

Unplaced, unpensioned, — no man's slave ! — 

for he does not disguise personal necessity as the main in- 
ducement for seeking the service of the State. 

" As to politics/' he writes, addressing his son, "from 
your situation and condition in life, you will never, in all 
probability, be in any public employ; God be thanked, 
you are so circumstanced, that with moderate care and due 
attention, you will never stand in need of any post or place 
for your support ; for without some caution of that kind 

* Historical Anecdotes ut supra. 



THE HOWARD PAPERS. 35 

we daily see men of the greatest and most opulent fortunes, 
in the highest ranks and stations of life, become the most 
dependent and time-serving people/'* Such was his ma- 
tured estimate of the "honors and emoluments " for which 
he had sighed in vain : that in disappointment had driven 
an enthusiast of active life to " Diogenes' cynic cell," to 
become an ethical philosopher ; and in his latter days, — 
nevertheless, morally, one of the highest rank of men — the 
least significant of dukes ! 

Mr. Charles Howard was not a young man when the 
honors expectant enshrouded for ever his literary genius : 
nearly sixty summers had floated gently over his head, and 
a decade had smiled themselves away in the acknowledged 
probability of his succession to the nobility of the ducal 
family: nevertheless they had passed ; and in receding by 
gradual and imperceptible strides towards the vanishing- 
point of his earthly career, had shortened the gilded autumn 
of his days to a span less extended than the accomplished 
years of his unfulfilled hope, — if hope it might be called, — 
that brought with it when it came, little self gratification 
to supply the ancient void, if his heart had still been sus- 
ceptible of the patriotic influences that animated his youth. 
A patrician's rank shorn of its office, was the condition of 
his elevation. The same barrier to political power that 
stemmed the wishes of earlier life, still opposed any views 
of ambition ; and the expectation that he might guide an 

applauding senate, or — 

become 

An Areopagite, aud judge in cases 
Touching the commonwealth — 

if ever seriously entertained, was associated in his mind 
with political changes, albeit in the bosom of time, too far 
distant to be of his day ; and he found no other induce- 
ment to emerge from the retirement that had become the 
habit of his life. " If," says Mr. Tiernay, " during the nine 

* Thoughts, Essays, and Maxims, 1768. 



36 THE HOWARD PAPERS. 

years that elapsed from his accession to his death, his name 
is ever mentioned in the public records of the age, it is 
solely in connection with some petition for relief from the 
penal laws that affected the religious community to which 
he belonged."* Only one such emergence from obscurity, 
however, has been shewn to have occurred, and that shortly 
after his acquisition of peerage rank;f when, as though 
startled by the impropriety of his intrusion on public 
regard, he sank for ever into the privacy of his accustomed 
reserve. 

Such were his precepts, and such the man elected by 
fortune to be the successor of the magnificent peer who 
accomplished the lengthened measure of his days the twen- 
tieth of September, 1777. "Some," saith the poet, "are 
born great, some achieve greatness, and some have great- 
ness thrust upon them." Assuredly Mr. Charles Howard 
was misplaced on the pinnacle of peerage rank ; nor does 
he appear to have been over hasty to assume honors that 
engaged so little of his personal regard. Independently, 
however, of personal indifference, by the will of Edward duke 
of Norfolk, his executors were empowered to retain posses- 
sion of all his mansion houses, and to keep house therein 
for the space of three months after his decease, with the 
view of affording convenient opportunity for making correct 
inventories of his personal estate, for the purpose of the 
conditions he had imposed and the trusts he had created ; 
so that Mr. Charles Howard, if his succession to the title 
had been unconditional, there was yet an obstruction to the 
possession of those attributes of his dignity, essential to his 
investiture in the eyes of the world. Whether this additional 
fact influenced a reserve so consistent with the general 
tone of his mind, no incident, perhaps, will shew in greater 
contrast the character of two men, — his own unassuming 
modesty and the arrogance of his successor, — than the cir- 

* Hist. Arundel, 
t Petition; 1778. — Menu of Engl. Catholics, by Charles Butler, esq. 



THE HOWARD PAPERS. 37 

cumstance, that while Mr. Charles Howard the younger, 
" assuming to himself the titular distinction of earl of Sur- 
rey,"* on the second day of October, performed the charac- 
ter of chief mourner in the heraldic ceremony at Arundel, 
over the ashes of the deceased ducal Howard ;f his parent 
(the incipient duke) on the twenty-eighth of the same 
month, simply and truly as " Mr. Howard of Greystoke," 
felt it to be a part of his moral duty to follow in the like 
capacity to his more humble grave, the undistinguished, 
' but hardly unknown or unacknowledged, William Howard ! 

What ties of blood, what affinity of nature's growth, in- 
duced this funebral regard or recognition ? Whom did he 
follow? No stone or record tells his parentage; and the 
sons of these two men, in after life, — the one elevated to 
rank and influence, with wealth at command to use or 
abuse the power it gave ; the other steeped in poverty to 
the lips, — met, in very unequal contest, to decide a question 
certainly not unanswerable when it first arose, and perhaps 
at any time within the power of one to solve, though not of 
both ; — a question that embittered the poor man's life, if it 
abstracted nothing from the contentment of the noble's ease. 

While these scenes were enacting, Mr. Walter Howard 
was in Portugal, whither he had been sent perhaps prac- 
tically to illustrate the great moral principle pourtrayed in 
a previous page. By the death of his parents % he had sus- 
tained a loss, grievous in every respect to his future his- 
tory ; the link that connected him with his ancestors had 
been severed, and the chances of knowledge respecting 
them, slender as they may have been, greatly deplored in 
his after life, were materially diminished ; for we have it in 
his own words, frequently repeated in his correspondence, 
" that he had been brought up and educated abroad under 

* Tiernay; Hist. Arundel. t Dallaway; Western Sussex. 

X His mother, Mrs. Catharine Howard, died in 1778, and was buried 
with her husband. — Heralds' Office Pedigree, 



38 THE HOWARD PAPERS. 

the protection of Edward duke of Norfolk, in obscurity, 
and kept in ignorance of his birthright." # 

Let us retrace his early history : — 

Mr. Walter Howard was born in the year 1759, and, 
after receiving the rudiments of an English education, was 
sent by the duke at an early age to St. Omer, celebrated 
for its college of English catholics, f of which the reverend 
Alban Butler, (author of the Lives of the Saints,) a secular 
priest of Douay, and chaplain to the duke of Norfolk, had 
been appointed president ; J but the young Howard was of 
protestant parents : he had received his earliest tuition from 
a mother whose example, and instruction in the simplicity 
of the reformed protestant faith, had too firmly taken root 
for the casuistry of the Jesuitical teaching to make any 
enduring impression on his youthful mind. Why then was 
he sent to a college famous for the strictness of its papal 

* Letter to the duke of Norfolk, 1797. Address to H. R. H. the Prince 
Regent, 1811. — Appendix. 

t The college of English Jesuits at St. Omer, founded and organized by 
father Parsons in 1594, is described by Mr. Charles Butler as one of " the 
lasting monuments of his zeal for religion, the persevering energy of his 
mind, his talents and his address." Father Talbot (George Talbot, earl of 
Shrewsbury) who resigned the coronet of an English earldom for the cowl 
of a monk, afterwards founded the college at Liege, and removed thence 
the professorships of philosophy and divinity, leaving grammar, poetry and 
rhetoric to be taught at St. Omer. — Memoirs of English Catholics. 

X The reverend Alban Butler, after holding for some years a professor- 
ship in the college of Douay, accompanied the earl of Shrewsbury and the 
hon. James and Thomas Talbot in their travels through Italy and France. 
On the conclusion of that engagement he was appointed to the English 
mission, and shortly after named chaplain to the duke of Norfolk, with the 
superintendence of the education of his nephew and heir presumptive Mr. 
Edward Howard, whom he accompanied to Paris. In 176G, Mr. Butler 
was chosen president of the English college of St. Omer, which he retained 
till his death, 15th May, 1773, recorded on a tablet, in the chapel of his 
college, erected by his nephew, Charles Butler, esq. — Life by C. B. 

Besides the presidency of the English college, the rev. Alban Butler held 
the appointment of Vicar General of the dioceses of St. Omer, Arras, Ipres 
and Bretagne, in the duties of which, " his zeal and success shone above all 
eulogy."— Encycl. Catholique. 



THE HOWARD PAPERS. 39 

doctrine?* By what inducement of adoption, — under what 
vision of worldly advantages did his parents resign him to 
a culture so repugnant to their own faith? Were they 
careless of the religious tenets their son might imbibe? 
Hardly so, witnessing the careful training that enabled him 
to withstand the contamination he was subjected to. Or 
were they confident in the strength of his youth to resist 
infection, and the truth of his judgment in after years, by 
the Divine blessing, carefully to weigh the superstructural 
errors in the balance against the sublime teaching of his 
earlier days ? In either case it is more than probable the 
trial he now underwent proved the turning point of his 
future history; for in whatever degree he was related to 
the family of the noble papist whose name he bore, it was 
evident the duke had taken an interest in his education 
and his advancement, by consigning him to the care of the 
same celebrated professor who had superintended the edu- 
cation of his immediate heir : but in no respect could the 
young protestant conform to or settle down in the routine 
of tenets he had been taught to abj ure ; and feeling ill at 
ease in the restraints he was subjected to, he took less 
interest in the scholastic advantages the establishment 



* Mr. Butler's aptitude for the presidency of the college appears to have 
been as remarkable as his success in the general advocacy of his faith. " I 
could tell you," writes a contemporary canon of the cathedral church of 
St. Omer, "of his assiduousness at all the exercises ; of his constant watch- 
fulness; of the public and private exhortations he made to his pupils, with 
that precious eloquence we meet with in his writings ; of his pious solici- 
tude for all their wants ; and of their tender attachment to him. 

" He had the highest veneration for the Holy See, and constantly held 
and maintained the rights and singular prerogatives of St. Peter." In this 
respect, his zeal was admitted by a bishop of his church, to be rather viva- 
cious; and his credence of all the miracles of his Saints has been noticed as 
worthy of the ages to which they refer. " As a preacher," adds his nephew, 
"he almost always failed :" not less perhaps with his pupils than with other 
of his audients. " His sermons were sometimes interesting and pathetic, 
but they were always desultory, and almost always immeasurably long." — 
Life by Charles Butler, esq. 



40 THE HOWARD PAPERS. 

otherwise afforded than under more favorable circumstances 
he would have done. At the commencement of his resi- 
dence little was expected from him ; forms and ceremonies, 
imposing and seductive, were allowed, and were perhaps 
expected to make their impression; but as time wore on 
his obduracy became apparent, and his non-conformity, 
insurmountable from the stedfastness of earlier impressions 
or a total inability to appreciate doctrines novel and repug- 
nant to his mind, rather than the result of any argumenta- 
tive mental process of which perhaps his early years had 
scarcely been capable, interposed a barrier fatal to his ad- 
vancement in the college : perhaps his residence ultimately 
became as hopeless to the professors as it had been unpro- 
fitable to himself j and he quitted without regret associations 
not unimportant or inconsiderable in prospect, had convic- 
tions of more vital importance permitted communion. 

If young Walter had been obdurate to the impressions of 
papal doctrine, the ordeal for his conversion must not be 
viewed in the light of a religious persecution. The duke 
was himself a papist by education and from conviction : 
nevertheless, his long intercourse with society and his ele- 
vated position in the world, uninfluenced by political mo- 
tives, called upon him to tolerate the convictions of other 
men with the liberality he desired for himself; but to res- 
pect heretical doctrines in a protege of his own name and 
blood, or to be careless of his religious teaching in the 
tenets himself thought infallible, he might not improperly 
have considered a criminal neglect. If, however, the result 
had not been to his mind : if the stern obduracy of the boy 
demurred to the silent wishes of his patron and friend, 
though it might entirely have changed the duke's intentions 
towards him, or afforded opportunity for intervention to his 
disherison, it did not wholly permit the alienation of his 
aged friend's regard : and though the intervention, if not 
the disherison, may perhaps be transparent in a cold form 
of words, the young heretic was not left without the pros- 



THE HOWARD PAPERS. 41 

pect or the means of securing a position in the world, 
equally respectable with that of another of his name, at a 
later period acknowledged by the duke to be allied to him 
in blood, and of so near affinity as to inherit presumptive 
expectations of succession to his nobility and wealth. 

Returned to England from the college at St. Omer, 
after a brief sojourn, Walter Howard was again provided 
for by the duke ; still, however, at a distance from home ; 
being then, at the age of fifteen years, sent to Oporto, 
under the care of Mr. John Searle, a wine merchant resi- 
dent in that city, with the view, it is assumed, of being 
brought up to that commercial occupation. 

The advantage of industrious pursuits individually and 
nationally, has been the subject of patriotic encomium by 
a writer before quoted. Advocating the extension of the 
principle to a class that may be termed his own, " it seems 
to be very absurd/' adds Mr. Charles Howard, "that com- 
merce should disgrace the younger brothers of gentlemen 
and noblemen, when it requires five times the abilities and 
parts to be a useful great merchant, than it does to be a 
hang-on gentleman. A poor idle gentleman is but a poor 
profession \" * 

Soyez plutot magon, si c'est votre talent 
Ouvrier estime dans un art necessaire.t 

With sentiments such as these (apologetical, perhaps, of 
family facts,) J professed by one of its well provided mem- 

* Thoughts, Essays and Maxims, 1768. In admirable illustration of his 
doctrine, "The Quakers," continues the same writer, "are said to have 
fewer poor than others. One of them gave this to me as a reason, ' We 
endeavour to support the house before it is fallen, which is much easier 
than to rebuilt it.' " — lb. t Boileau. 

t Mr. Charles Howard's father had not disdained to support his house 
by an alliance with trade. In the year 1703, a report became current of a 
marriage having been concluded with Sir John Shelley's daughter, and a 
fortune of £16,000. — LuttrelVs Diary. At a previous page, his wife is des- 
cribed to have been daughter of "John Aylward, an Irishman." — Pedigree, 
p. 27. Collins describes her as Mary, daughter of John Avlward, esq.., 



42 THE HOWARD PAPERS. 

bers, it appears to have been a laudable custom of the 
Howard family, and one probably to which they were con- 
strained to resort, when public employments were not open 
to its Roman catholic members, and provision for all of 
them must somehow be made, — to promote industry and 
discourage idleness in the cadets of that noble house, by 
placing them in trade ; and whether or not it may be attri- 
buted to their fortunate alliance with the Albinis (Pincernce 
to our early kings) — the acquisition of the Butlery to their 
title of office, and the right of the skinks to their coat 
armorial ; # certain it is, that the wine trade, par preference, 

descended from the Aylwards of the county of Waterford, in the kingdom 
of Ireland. — Peerage. 

An error, adopted by Mr. Henry Howard of Corby, in his Memorials of 
the Howard Family (fol. 1836J is rectified by the following extract from 
the collections of Le Neve : — " Charles Howard, son and heir of Charles 
Howard, of the county of Cumberland, esq., unkle to Henrj^, late duke of 
Norfolk, was married on Wednesday, the 21st February, 170f, to Mary, 
daughter and coheir of John Alwill, of London, merchant, £4000 fortune. 
The other daughter and coheir was married to Richard More, of Fawley, 
co. Bucks, Bart., about six months since." 

* The Skinks or wine cups, emblematical of the Butlery, were not, how- 
ever, retained by the Albinis, earls of Arundel, who took a more noble device 
from some fabulated prowess of their lordly chief. The Skinks, however, 
are still recognised as symbolical of the service ; and, in the form of three 
mazer cups or bowls of maple wood, are duly presented to the sovereign 
on the day of the coronation, by the lord of a Kentish manor. They are 
also borne heraldically (two and one) by the Botelers or Butlers of England, 
in cognizance of their prescriptive office ', while the Bouteilliers of France, 
carry bottles on their shield. Mr. Hampson, from etymological deduction, 
infers the Latin pincerna = buticularius, the leather bag or bottle man, to 
have been an officer distinct from the A. -Sax. Skinkers, the pocillatori or 
cup bearers ; the former perhaps in the character of cellarmen, standing 
aside and decanting the wine into the cups. He admits, however, that in 
the earlier ages, the pincerna, butler, and cup-bearer, to have been one and 
the same officer. — Origines Patricice,p. 262. 

Pepys drank his Christmas wassail out of a wood cup (Diary, Jan. 4, 
1667) ; and Evelyn, at the lord mayor's feast at Guildhall, in 1663, took 
his wine out of a wooden dish (Diary, ad ann.). Heywood mentions 
wooden drinking cups in great variety of form and name ( Philocothonista, 
1635,). In some of the ancient gilds of London, where the customs of for- 



THE HOWARD PAPERS. 43 

did engage the particular attention of the ducal house ; for 
it is related of a collateral relative, whose son eventually- 
succeeded to the dukedom, "that he had been a wine 
merchant in trade, but having been unfortunate in the 
commercial pursuit of wealth, had afterwards held an 
appointment in the domestic household of Edward duke of 
Norfolk."* It may be inferred, perhaps, that his business 
knowledge became of value in the ducal cellar, and that the 
duties he performed gave title to the service, — Mr. William 
Howard, it is said, remembered him in a capacity that 
did not impress his son with a notion of propinquity to the 
ducal House, or respect for his family, when, in after 
years, their right of inheritance became presumptive.-f- 
Whether servitude was a provision suitable for an acknow- 
ledged relative, reduced from a position of respectable 
industry to dependence, though at the time too distantly 
connected to be received within the line of early probable 
succession to the family honors, may perhaps be considered 
a matter of taste only in the noble person so magnificent 
in his ideas for the position of his immediate heir. The 
arrangement unquestionably was rather patriarchal than 
feodal, and spoke of times when every household was a 
family and every family a household; but to modern ideas, 
— did it add dignity to the ducal state when the blood of 
Howard became great Howard's ganymede? Or is it to 

mer ages have been less subjected to innovation than general society to the 
caprice of fashion, wooden bowls have been used as wine cups in our own 
day. 

* Petition of Mr, Walter Howard to the King, 1816. — Mysterious Heir. 

t Ex inform. Mr. Walter Howard. In the will of Edward duke of Nor- 
folk, 1777, among bequests to his upper servants, occur legacies of one 
hundred pounds to Mr. George Townshend, " assistant to Mr. Howard, of 
Sheffield;" and thirty pounds to Charles Calvert, also "in the service of the 
said Henry Howard." In the sequel, he leaves to his " kinsman, Henry 
Howard, of Sheffield," the residue of his personalty not otherwise disposed 
of, and appoints him one of the executors of his will. In what position of 
life Mr. Henry Howard had been then placed to require an " assistant" 
does not very clearly appear. 



44 THE HOWARD PAPERS. 

be inferred, that in affording protection to an unfortunate 
member of his parent stock — 

what his heart denied, 

*His charitable vanity supplied? — 

No, the suggestion may not be entertained : yet to 
say the least, it was a cheap patronage, reflecting less 
humiliation on the unfortunate dependent than on the noble 
patron. So indeed, the matter was treated by Mr. Walter 
Howard, who, in his petition before-mentioned, observes: 
"In thus referring to the humble situation of Mr. Henry 
Howard, your petitioner is not induced by any wish to 
reflect upon his memory, or to cast a slur upon the noble 
blood from which he undoubtedly is derived ; but your 
petitioner thinks it a point necessary to notice, in order 
that his own situation in life may not receive a greater 
portion of disparagement." Indeed, from presented facts, 
it would be too much to assume, that provision, however 
unimportant, or service menial, could be urged against 
the probability of alliance in blood to the noble person 
who had so dispensed his patronage ; but whether as an 
acknowledged relative or not, the early provision for 
Mr. Walter Howard was as before stated; and the pursuit 
that of the commerce in wine. It is within the possibility 
of events, that the selection had been suggested to the 
duke by his relative already experienced, though unsuc- 
cessfully, in the mysteries of the trade; and without raking 
history for "a combination of examples where the Howards 
in former times have not stuck at a trifle to gratify their 
ambition, their revenge, or their malevolence,"* there might 

* The Mysterious Heir, by T. C. Banks, esq. Svo. 1816. " An old adage 
says, ' What has been, may be again;' and the annals of History relate that 
the Howard family left nothing undone to obtain the barony of Stafford 
from the rightful heir, who, on account of his poverty, was sacrificed at 
the shrine of overbearing power, though his fate (so arbitrarily decided) 
was afterwards referred to by the Lords, in a resolution which remains 
upon their Journals, that no one should in future be barred of his inherit- 
able dignity by the like mode of proceeding." — Ibid. 



THE HOWARD PAPERS. 



45 



have been those, — the alleged descent of the youthful 
prot6gt being known to them, — who would not have been 
without an object, if they had desired to place the ocean 
between young Walter and his noble friend and patron. 
" Is it then impossible," asks the advocate before cited, 
" that Mr. Walter Howard should have been the victim of 
some of those passions or sinister designs which in times 
past have actuated some members of his otherwise illus- 
trious family?"* Howbeit, he was commissioned for 
Oporto, — perhaps somewhat like Hamlet for England, — 
and away he went ! 



* The Mysterious Heir, ut supra. " In the Anglesea case, many year9 
since before the public, it was manifested that an uncle caused his nephew 
to be secretly seized and sent abroad, in order to make way for his own 
succession to the honors and estates of his elder brother; but an inscrut- 
able Providence, which sometimes suspends the punishment of crime only 
that its detection may cast the greater shame upon the offender, at length 
brought to light this most infamous transaction." — (Memoirs of an unfor- 
tunate Nobleman, 1743 J — Ibid. 

The cases, however, are not exactly parallel ; and even the analogy, (if the 
estimate of the same writer be taken in evidence) would not be less remark- 
able than the celebrated proposition of Fluellin, assimilating 'Macedon' 
with ' Monmouth;' for, strange to say, he has introduced his very caustic 
allusions with a negation that must necessarily undermine any foundation 
of his own case I— The Mysterious Heir, p. iii., § 4. 







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THE HOWARD PAPERS. 47 



CHAPTER II. 



We are not all alone unhappy. 
This wide and universal theatre 
Presents more woeful pageants than the scene 
Whereon we play. 



THE DUCAL LINE. 

Edward, duke of Norfolk, last representative of the elder 
branch of the Howards, in a direct line from the first mar- 
riage of duke Henry, who died in 1683, by parentage and 
education was a rigid Roman catholic. Henry, duke of 
Norfolk, his uncle, of the reformed protestant church, 
seemed especially sent to carry the family with credit and 
safety through the trying times of the Orange "usurpa- 
tion;" # and he opportunely died, without issue, to make 

* This term of course represents the legitimists', and, with the Howards, 
the romanists' view of the revolution of 1688: its propriety as opposed to 
the popular doctrine of events and depending on facts, being the result 
of opinion, whether James the Second, when he retired from his palace at 
Whitehall before the advance of the Dutch guards of the prince of Orange, 
seeking personal safety and resources in a foreign land, actually abdicated 
his throne. The king himself had said, " The prince of Orange came for 
the crown whatever he pretended; but he would not see himself deposed: 
that he had read the story of Richard the Second." — Clarendon's Diary. 
The " Declaration of Rights " alleged crimes and misdemeanors, purporting 
so wide a breach of the social compact between king and people, that there 
would have been little difficulty perhaps of establishing the propriety of the 
other term, had the charges been prosecuted to that result; but all parties 
shrank from the possible recurrence of unhappy events precedent but forty 
years ; and James being driven from the throne that his father had then 
vacated by more violent means, the Convention, assuming omnipotent 
authority, voted by a considerable majority that the king had " abdicated" 
and it was so. The adoption of the term, however, had been contested, and 

d2 



48 THE HOWARD PAPERS. 

way for the inheritance in succession, of nephews diametri- 
cally opposed to him in politics and religion. 

Duke Henry, or not to anticipate his honors, Mr. Henry 
Howard, the common ancestor, was second son of Henry 
Frederick lord Mowbray and Maltravers, also second son 
and ultimately heir of Thomas earl of Arundel, the cele- 
brated collector of antiquarian relics. 

was the occasion of a memorable conference; twentj'-six peers, thirteen 
bishops, and one hundred and forty-three commoners in a protestaut as- 
sembly being of a contrary opinion. In whatever light, therefore, as a 
matter of expediency, the king's involuntary absence may have been con- 
strued, his intention of retaining his crown and recovering his dominions 
admit of no doubt. How then and by what juridical act did he abdicate? 

In our own day, a public journal which assumes to represent public 
opinion in this country, has declared that " England regards temporal power 
not as a matter of divine right, but depending on the icishes of the people 
over whom that power is exercised. She claims no higher origin for her 
own monarchy, and she is not disposed to admit to other nations what she 
does not claim for herself." — Times, Nov. 18, 1859. 

Oh! certainly, that is the principle established by the precedents men- 
tioned ; though it is doubtful if her majesty or many of her predecessors 
understood their coronation ceremony exactly in the light of a conditional 
popular election ; but according to the dictum above expounded for the 
people of England, our sovereign may be deposed any day it shall please 
the "advanced intelligence of the age" or its self-constituted exponents to 
" open up" that Utopian abyss into which we are fast being driven, and to 
vote her dismissal from the throne : — supposing always, however, the power 
to carry out the scheme; for one of England's most able patriots has de- 
clared it also to be a constitutional principle, that " Every government has 
a right to use its own forces to overcome resistance of its own subjects to 
its sway." — Lord John Russell, July 25, 1859. Pari. Pap. on Ital. Affairs. 

If James the Second could not retain or recover his crown by dependence 
on a native army ; it is equally questionable if the prince of Orange could 
have won it or maintained his position by the same power alone, since tea 
years elapsed before his foreign troops had left the country; the legitimists 
therefore, may be excused for their opinion, if not pitied for their repeated 
exertions in its mainteuance, when, instead of wearing his crown, had James 
been soldier enough to have conquered in the field, the prince of Orange 
might have suffered the fate of the duke of Monmouth. After all, then, 
the question must find its solution in the convertibility of terms ; not 
forgetting the old saw : — 

Treason does never prosper,— for this reason,— 
That -niien it prospers, none dare call it treason. 



THE HOWARD PAPERS. 49 

Mr. Henry Howard was born at Arundel-House, " neere 
the Strande, in the suburbs of London," in the year 1628, 
and was educated in the principles of the Romish church, 
nevertheless that his parents professed the reformed religion, 
and that two of his brothers were brought up protestants 
by their grandfather, Thomas earl of Arundel, with the un- 
happy results hereafter to be narrated. The time of his 
youth, from political events, was a period of trouble to his 
family. His grand-parents were abroad ; the earl, — dis- 
appointed of reward at home, if not apprehensive of coming 
events, having sought diversion in travel and a foreign 
home, escaped in some sort the absolute ruin that came upon 
others not more loyal than himself; although, in addition to 
his voluntary sacrifices in the cause of the king, # he still 
suffered to a considerable extent from the predatory nature 
of the conflict that raged in his absence ;*j- but the lord 

* The earl of Arundel, says Lloyd, contributed not less than fifty-four 
thousand pounds to the service of the king.— Loyalists, p. 285. The money 
must have been borrowed, adds Mr. Tiernay, and increased his embarrassr 
ments. — Hut. of Arundel. 

t At the commencement of hostilities, Arundel Castle being seized and 
held for the parliament, was reduced almost to ruin, and its internal 
habitable arrangements destroyed, in its capture by lord llopton, and re^ 
capture by Sir William Waller, in 1643-4. — Tiernay, Hist. Arundel. Com- 
plaints were afterwards made to parliament by the earl's stewards, that his 
goods at Norwich had been seized by the sequestrators; the timber in his 
parks cut down, his deer killed, and the park pailings burnt, — Lords' Jour- 
nal, v. vi., pp. X44, 198, 202, 592, 613, 650, 651, 655, 693 ; v. vii., pp. 25, 
32, 34, 38; and his income was so crippled, that on the occasion of an as- 
sessment by parliament of one thousand pounds, as the twentieth part of his 
revenue, his steward, Mr. William Marsh, by petition, prayed forbearance 
"in regard his lordship hath but three hundred pounds of his revenue 
these six months to subsist withall." It was ordered, however, that five 
hundred pounds, one-half of the assessment, be laid down and paid accord- 
ing to the assessment ; with a respite of three weeks to shew cause as to 
the remainder. — lb., v. vi., pp. 480-?2 

In reply to the numerous complaints of the destruction of property, it 
must be added, that the governing power, from time to time ordered such 
protection as could be afforded, " the earl of Arundel being under no delin^ 
quency, and paying all taxes and assessments assessed by parliament."—* 



50 THE HOWARD PAPERS. 

Mowbray, who, from an early period of the contest between 
the king and parliament, identified himself with all the 
public acts for the declaration of the authority of the king, 
and served as a volunteer in the royal army from the com- 
mencement of hostilities # until the death of his wife's 
brother, the lord Bernard Stuart, at Rowton Heath,f was 
too deeply involved in " delinquency " to escape the con- 
sequences of adhesion to the throne; or when sum- 
moned to the sick bed of his illustrious parent in Italy, 
even to obtain a pass through the enemy's lines, J 
by which his personal safety might have been ensured; 
though in the retreat of the army, after the unlucky dis- 
comfiture in the neighbourhood of Chester, to its former 
quarters at Oxford, he does appear to have made some ar- 

Ib., p. 655. The Committee at Lewes, however, as to alleged depreda- 
tions at Arundel, justified their excesses "in regard to the great charge 
the country is at in maintaining and defending the earVs castle for him, the 
timber being necessary to repair the fortifications, &c." — lb. 

* Mowbray followed the king to York ; and on the last day of June, 
1642, intimation was given to the parliament that twelve horses belonging 
to him, at Greenwich, were ready to go to York; and were detained by 
order of the House. — Commons' Journ., ii., 646. 

t Sept. 22, 1645. — Lloyd, Loyalists. The lady Mowbray was Elizabeth, 
daughter of Esme Stuart, duke of Lennox. Two other of her brothers were 
also slain in the service of the king; the lord George Stuart, at Edgehill, in 
1642; and the lord John Stuart, at Brandon, in 1644. At Edgehill fight, 
the lord Mowbray also was present. 

$ The lord Mowbray had written the following letter to the earl of Essex, 
from Oxford, 11th March, 164|, before the king's unlucky march from that 
place to the defeat at Naseby : — 

" My lord, 

Having his majesty's leave to go beyond sea, I am now a 
suitor to your lordship (as I was formerly by some of my friends) for a 
pass to go securely through your quarters, with my servants, horses, and 
necessary baggage: I assure your lordship I will no way abuse your favor 
therein, but acknowledge it for a very great favor. 

" Your lordship's humble Servant, 

" Mowbray & Maltravers." 

The application was referred to Parliament; and on the 13th March the 
House declared their dissent therein, and that the lord General should not 
grant the pass as desired. — Lords' Journ., v. vii., p. 270. 



THE HOWARD PAPERS. 51 

rangements that enabled him early in the following year to 
attend the earl of Arundel in his last sickness at Padua ; 
where he found his son, Mr. Henry Howard, who had been 
some time abroad ; # and the earl dying unexpectedly on 
the 4th October, 1646, when it was believed he had so far 
recovered from his indisposition as to contemplate a removal 
homewards,f whatever arrangements had been made were 
frustrated, and they followed his dead body to England. 
Here the lord Mowbray found the king's affairs in a con- 
dition hardly more desperate than his own ;J and in retire- 
ment, — for a time in poverty, — he closed an unfortunate 
and brief career as earl of Arundel, in the year 1652. 

This was a period not favorable for the hopes of the 
royalists. Cromwell's * crowning mercy " at Worcester 
had decided by fortune of war the military career of king- 
Charles the Second ; yet the hopes of the Howards of 
Arundel were inseparably bound up with those of the mon- 
archy ; § and Mr. Henry Howard had united himself in 

* Evelyn, in Italy, under date 10th October, 1645, at Padua, writes: 
" Soon after came to visit me from Venice, Mr. Henry Howard, grandchild 
to the earl of Arundel." — Diary. At this time Mr. Henry Howard was 
seventeen years of age. 

t An order of the House of Peers, March 25th, 164£, directs "That the 
earl of Arundel and other peers absent beyond sea shall be sent for, and 
give their attendance. — Lords' Journ., v. vi., p. 482. 

J On the 17th November, 1646, there is an order of the House "That the 
earl of Arundel shall have a pass, with twelve servants to come from beyond 
seas into England;" and ou the 6th February following, the Speaker in- 
formed the House " That the earl of Arundel is come to England by virtue 
of the order of the House ; and is ready to obey their lordships' order." 
Ordered, that the earl of Arundel shall remain in his house until he under- 
stand the further pleasure of this House. — Lords' Journal, v. viii. 

§ Of the younger branches, several Howards were slain in the king's 
service during the great rebellion; and "Tom Howard of Suffolk," who 
commanded the king's reserve of cavalry at Naseby, afterwards Master of 
the Horse to the princess of Orange (sister of king Charles the Second) ran 
some risks in the part he played; though he ultimately had the fortunate 
chance of befriending the man who discovered his secret — and became his 
dupe. — Thurlow's State Papers, v. 169; vii., 349 : Carte's Letters, ii., 319. 



52 THE HOWARD PAPERS. 

marriage with a noble house, distinguished for its most 
faithful devotion to the king and its sacrifices in the royal 
cause. The lady Anne Somerset was elder of the two 
daughters of Edward, second marquess of Worcester, son 
of the noble defender of Raglan Castle. # The second 

Colonel Thomas Howard was younger brother of James, third earl of Suf- 
folk. During the Protectorate, he visited England as "a spy;" and in 
1656, in company with Mrs. Lucy Walters, lodged "at the barber's shop 
over against Somerset-House." — Thurlow, v. 161. 

Another interesting member of the family was Mr. Henry Howard, who, 
in September, 1656, undertook a somewhat questionable journey " from 
Gray's Inn to Durham to speak with a fellow student, one Mr. Stanley, 
who was born in Kent f and being arrested on suspicion, underwent ex- 
amination by the ruling authorities of that city. He described himself as 
son of one William Howard, dwelling at Floydon, three miles from Nor- 
wich ; and to test his identity, the following is his description : " Mr. Henry 
Howard, as he calls himself," thus runs the record, " is of middle stature, 
ovel-faced, full of pock-holes, long bright brown hair, about twenty-four or 
twenty-five years of age ; little or no hair on his face, a small white hand ; 
a white gray loose coat, a leather doublet, with leather breeches trimmed 
with black and red ribbons ; a broad band and great cuffs, with silk stock- 
ings." — Thurlow's State Papers, v. 470. It did, however, subsequently 
transpire that the above described was not his best suit of apparel ; that 
he had plenty of money at command, though not in his purse; and that, 
in addition to his admitted residence in France and Italy for several years, 
his connections there and his business here were other than he cared par- 
ticularly to state; for that in fact " the late prisoner came from the court 
of the Scottish king out of France last Easter; and after speaking with some 
gentlemen of that county (Durham), proposed to take shipping at Newcastle 
with all speed again for France." — Lib. cit. 614. 

It will not be forgotten that the " Scottish king " was Charles the Second, 
crowned at Scone, in 1650, about twelve months before his army marched 
to its final overthrow at Worcester. 

* Her younger sister, the lady Elizabeth Somerset, espoused William 
Herbert, third lord Powys, created earl Powys, in 1674, by king Charles the 
Second. In 1678, the earl was one of those unfortunate noblemen impli- 
cated by the notorious Titus Oates in the alleged plot of that year, and, 
with the viscount Stafford and others, voluntarily surrendered their persons 
to meet the charge. In due course they were all impeached for high trea- 
son and committed to the tower, where the earl of Powys continued till 
February, 1683, when with his remaining fellow prisoners he was admitted 
to bail. In the mean time the unfortunate Stafford had met his fate; and 
in November, 1678, the countess of Powys had been "sworn into prison" 



THE HOWARD PAPERS. 53 

marquess, although no soldier, with his illustrious parent 
was a Roman catholic of invincible zeal and constancy, 
greatly instrumental in conciliating the members of his 
church to the royal cause ; and so much in the confidence 
of his sovereign, as, in the extremity of his necessities to 
have been entrusted with uncontrolled, nay, even regal 
powers for engaging and rewarding services, and raising 
troops and money, after all the resources of his own family 
had been exhausted in the adverse struggle, f 

by the hardly less notorious Dangerfield. She also was committed to the 
tower for several months, until admitted to bail by the judges of the King's 
Bench; and on the 24th May, 1680, obtained her release from the charges 
against her, by the grand jury of the county of Middlesex ignoring the bill 
of indictment. 

In recompense for his sufferings, the earl, in 1686, was created by king 
James the Second, viscount Montgomery and marquess of Powys; and 
following the adverse fortunes of the king into France, the marquess was 
further advanced to the empty honor of duke of Powys at the court of St. 
Germains, where he died in exile in 1696; his duchess in 1692. A monu- 
ment in the church of the Augustine nuns at Bruges, preserves the memory 
of the lady Lucia Teresa, daughter of William duke of Powys and the lady 
Elizabeth Somerset his wife, a professed nun of that house, who died in 
1744, at the age of eighty-five years. Four other daughters were married 
to men of distinguished families, professing the same religion and politics 
that brought their parents to persecution and exile, — some of whom, in 
after years, perilled and lost life and fortune in the vain assertion of their 
revived loyal traditions. 

t The extraordinary patent is yet extant, by which a dukedom was con- 
ferred on himself, with powers to pledge the revenues of England, Ireland, 
and Wales, and to fill up blank patents of nobility, in aid of the royal cause. 
To the same purpose, subsequently, when hope had all but expired, " If," 
■wrote the king, addressing the marquess, "you can raise a large sum of 
money by pawning my kingdoms, I am content you should do so; and if 
I recover them I will repay that money." It was too late : the tergiversa- 
tion of the king had disheartened and subdued one of his most devoted 
friends. 

After the restoration, a committee of the House of Peers was appointed 
to inspect a patent of so dangerous a character as that described; and the 
marquess met the occasion by tendering it to be cancelled. — Collins, Peer- 
age, v. i., p. 223, ed. 1756. One of its provisions was a contemplated mar- 
riage between a son of the marquess, who lived not to manhood, and one 



54 THE HOWARD PAPERS. 

"Raglan Castle was nearly the last stronghold that dis- 
played the royal standard ; and when that of necessity was 
forced to surrender, the determined loyalty of his race left 
only suspicion and restraint for the brief remnant of his 
days to its aged defender ; — the fortune of flight to his son ; 
— and the second marquess of Worcester had been several 
years a proscribed delinquent — exile on a foreign soil, when 
the marriage of his daughter, the lady Anne Somerset, with 
Mr. Henry Howard, united the sympathy of two noble 
families in adversity in a community of hope — not lacking 
zeal — for the cause of a throneless king. It is said to have 
been a match of affection. Both were young, and there 
could have been little in the immediate prospects of either, 
beyond the wealth of the cottage. A dowerless maiden, 
daughter of a noble and once wealthy house, became the 
wife of a younger son of an impoverished Howard. 

It must have been with some such sentiments of con- 
tentment as those described — a noble and provident resig- 
nation to adversity, that Mr. Howard is said to have erected 
for himself a modest retreat in the immediate vicinity of 
the old palace of Princenhoff, the residence of the Fran- 
ciscan nuns at Bruges ; # which appears through life to 
have been his favorite resort for some portion of the year ; 
and in troublesome times a refuge of security and peace. 
Here, in the quiet enjoyment of his little garden, which 
constituted his whole domain; in social intercourse with 
his family and a few friends ; in the religious meditation 
the seclusion afforded; and in the neighbourly offices of 
charity to the extent of his limited means, the voluntary 
exile gave vent to all the better feelings of human nature, 
and kept his energies from self reproach. A man of the 
world at heart, he adapted the measure of his contentment 
to his means, and awaited with the repose of a philosopher 

of the king's daughters, the lady Elizabeth, who died at Carisbroke Castle, 
in the Isle of Wight, in 1650, in the fifteenth year of her age. 
* Tiernay, Hist. Arundel. 



THE HOWARD PAPERS. 55 

the chances of events and the advent of more seasonable 
times for action. The prospect of these, however, could 
only have been far in the distance, and were dependent 
not less on the political aspect of affairs at home than on 
family occurrences. In all human probability, he was 
likely for some years, to repose on such a moderate income 
as the embarrassed necessities of the earl his father or the 
favor of his grandmother, the countess dowager, might 
allow for his maintenance ; and his arrangements were 
characterized by a prudence calculated to give stability to 
his moderate expectations. 

Whether nature had endowed Mr. Henry Howard with 
the wisdom that is reputed peculiar to this nether world, 
or that he inherited the motto of the Cavendishes with the 
religion of his grandmother, Alathea Talbot, certain it is 
that he steered through difficult times with a success that 
constitutes the faculty of good judgment in the opinion of 
the many. As his early years had been spent chiefly 
abroad, he had fewer home associations to regret ; and 
having witnessed the misfortunes of his father as a cavalier, 
— professing, himself, no sentiments in common with or 
that could conciliate the roundheads, there was little in- 
ducement to return to his own unsettled country. " During 
the Commonwealth and the Protectorate/ 7 writes Mr. 
Tiernay, " he lived in total seclusion, to which the profes- 
sors of the old religion and the adherents of the exiled king 
were inevitably condemned, — mostly on the continent."* 
Whether the decease of his father at a very early period, 
as it is reasonable to suppose, brought him to England, has 
not been stated ; but the mental aberration of his elder 
brother, and the family arrangements consequent on that 
deplorable event, placed him in a position somewhat more 
important than that of heir presumptive to the inheritable 
dignities attached to the "head of the Howards;" and he 
had committed no offence against the majesty of the people 

* Hist. Arundel. 



56 THE HOWARD PArERS. 

that his presence should place his personal safety in imme- 
diate jeopardy. Nevertheless his position was not without 
its cares ; and the family estate, as the inheritance devolved 
on him in the twenty-fourth year of his age, encumbered 
with the accumulated debts of two generations, and charged 
with the maintenance of, and provision for, a numerous 
family, required all the care of prudent management and 
experienced finance, to restore it to a healthy condition. 

Besides the costly maintenance of his state — commen- 
surate with the " greatness of his birth and quality," and 
the liberal indulgence of a taste for the fine arts, the causes 
had been several that weighed heavily on the finances of 
of his grandfather, Thomas earl of Arundel. Doubtless he 
was an embarrassed man : and among the reasons that in- 
duced him to take a temporary and as it proved, a last 
farewell of his native land,* appears to have been that of 
placing his sickly estate at nurse. In the same year, 1641, 
we may read, that " Thomas earl of Arundel, being seized 
in fee of divers manors and liberties in the counties of 
Norfolk, Suffolk, Sussex, Surrey, &c, did, jointly with the 

* Blomfield writes that " the wars breaking out and the earl grown 
ancient and unfit for military services, obtained leave of the king to travel" 
(Hist. Norf.,v. i., p. 90J ; and it may very well accord with that state- 
ment that a pass should be ordered for " eight coach horses, one other horse, 
and six men to look after them, to be sent beyond seas, to the earl of 
Arundel: (August 26th and October 14th, 1642.) — Lords' Journals, v. v. 
But other entries indicate a decided intention of settled residence. On the 
14th January, 164|, information was given to the House that sixty chests 
of treasure belonging to the earl of Arundel lay at the Custom-House for 
shipment abroad; and a deputation being appointed to inspect and report, 
it was found that such a number of chests and trunks had been licensed to be 
shipped ; but were found to contain only pictures and household stuff. — lb. 
On the 19th October, it was "ordered that the china dishes and hangings 
of the countess of Arundel be permitted to be transported without lett or 
hindrance." — lb. And on the 8th June, 1643, a pass was granted for 
transporting beyond sea, — eight bundles of bedding and hangings ; six 
boxes and trunks with bed and table linen and apparel; six cases and 
hampers with chairs and stools and the out and inside of a coach; and six 
cases of pictures, belonging to the earl of Arundel. — lb., v. vi. 



THE HOWARD PAPERS. 57 

lady Alathea, countess of Arundel, his wife, and Henry- 
lord Mowbray and Maltravers, their eldest son and heir 
apparent, convey a great number of said estates to trus- 
tees, # to make sale of the whole or any portion thereof, 
and to apply the money so raised to the payment of the 
debts of the said earl ; the overplus, either of money or 
estates unsold, to remain to the use of the lord Mowbray 
and his heirs. "f Eighteen days later, the earl himself 
pathetically refers to the condition of his affairs and the 
earlier causes of his embarrassment. 

In his will, dated at Dover the 3rd September, " I be- 
seeehe his majesty," he humbly writes, "even for God's 
sake, and for the memory of his grandmother queen Mary, 
and father king James of blessed memory, to have a tender 
and princely care of the greate losses of my family, and of 
the helping it to subsist in honor, I calling God to witness 
that just monarchy never had a more faithfull servant to 
the uttermost of my power." J 

A very interesting letter of the countess Alathea explains, 
that it was the seizure of the entire patrimony of the earl- 
dom, on the attainder of Philip earl of Arundel, in 1589, 
and the large sums required to re-purchase the estates in 
the time of the first James, that so much money had been 
taken up at interest § by the earl her husband, and had in- 
volved in embarrassment not only the Howard patrimony 
but also her own ample inheritance. || 

* Deeds dated the 12th and 16th August, 1641. The trustees were 
Lionel, earl of Middlesex (lord Treasurer, who died in 1645); Henry lord 
Pierrepoint, afterwards marquess of Dorchester ; Edward lord Newburgh ; 
Sir W T illiam Playters, Knt. and Bart. ; and Sir Richard Onslow, Knt. 

t Blomf. Hist. Norf., v. i.,pp. 56, 90, 189, 240; ix.,;?. 28; xi., p. 105. 
t Harl. MS. 6272. 

§ The earl appears to have raised money by annuity, secured on land, at 
about ten per cent. Blomfield mentions that in 1608, Joan Woodward, 
of St. Clement's Danes, London, for £450, purchased an annuity of forty-four 
pounds per annum, charged on the earl's estate at Fersfield. — Hist. Norf., 
v. i'.yp. 91. 

|| " At the beginning of king James his coming into England," writes the 



58 THE HOWARD PAPERS. 

In his will, the earl refers to this noble inheritance of 
lady Alathea as the mainstay of his house: "For my goods/' 
he continues, " I give them all to my deare wife, by whome 
God hath blessed mee with so hopefull a posterity ; beeing 
assured, as I did by the knowledge of my blessed mother, 
before the act of Parliament, make Arundell Castle, and 
Arundell House, with the lands belonging to Arundell in 
the Act,* to her for joynture, so shee will bee careful!, ac- 
cording to the power in the Act, to intayle all the principall 
of them to those houses ; and as I am most assured shee will 
proove ever a kind mother to my sonne Mowbray, soe I 
doubt not his memory of such a parent, who brings to our 
poore family the best meanes of subsistance, and hath beene 
with him, both in his travells abroad and in all his sick- 
countess, " all the ancient estate belonging to the family was given away 
by the king, so that my lord was left without any of the ancient patrimony; 
and being very desirous to regaine as much of it as he could, tooke up 
greate summes of money to buy part of it, which putt him into so great a 
debt, with interest daily increasing, that it was very hard to get out of it; 
and those servants he then employed, representing to him how prejudiciall 
it would be to his estate to lett the debt daily increase, he commanded 
them to think of some wayes of raising of money to pay it, which they 
very carefully did diverse ways, particularly by leasing my lands, some for 
lives, some for years, by which very great summes were raised. 

'■'■ Immediately upon this king's coming to the crowne, he put my lord into 
the tower, confined my son and his wife in one place and me to another; 
and likewise took from him that which king James had given him for 
many years faithfull service, which at that time, by reason of some particular 
accidents, would have raised a great deall. So that I well remember Dyx 
told me, that if that money had not beene taken away into the Exchequer, 
adding it to the fines, it would in a manner have paid the debts." — Letter 
to lord Andover, 14th Sept., 1648. — Tiernay, Hist, of Arundel. 

The lady Alathea Talbot, (a godchild of queen Elizabeth) — " heiress of 
Hallamshire," — on the partition of the estates of her father, Gilbert, earl of 
Shrewsbury, among his three daughters, inherited lands producing upwards 
of thirty thousand pounds per annum. In her letter above mentioned, she 
referred to her fortune with modesty, as " an estate most inconsiderable in 
respect of the person to whom it was brought, else one of which she was in 
no way ashamed." 

* Act of Entail, 3 Charles I. 



THE HOWARD PAPERS. 59 

nesses and distresses, with soe much tendernes, will pre- 
serve a duty and live aunswerable, which wilbee his great- 
est happines and praise before God and man."* 

The appeal to the king was valueless by political events ; 
and to his son Mowbray, perhaps by his extreme necessi- 
ties, which seem to have overridden the direct commandment 
of God and the affecting appeal of the earl : nor were his 
other arrangements of happier result; for the unsettled 
times intervened to counteract hopes and prospects where 
they did not wholly destroy. At the death of Thomas earl 
of Arundel, five years after the settlement mentioned, the 
trustees had so far carried out their trust as to raise con- 
siderable sums of money on security of the estates ; with- 
out, however, being able to forward the object in view, for 
here a self-constituted government interposed its necessi- 
ties ; and not without royal precedent for compulsory 
loans, at a later period the parliament acknowledged to 
have "made use of money, to the value of fifteen thousand 
pounds, belonging to the earl of Arundel, assigned by him 
for the payment of his debts. "*f- 

When, therefore, Henry earl of Arundel arrived in Eng- 
land with his father's corpse, he found the estates in trust 
charged with a considerable amount of additional debt, and 
his own interest in them already in the hands of the 
parliamentary Commissioners for sequestrations to answer 
his own delinquency ; so that in addition to the impossi- 
bility of discharging his own debts, it was with difficulty 
he could find the means of subsistence,^ until parliament 
should assess the money value of his offences, and admit 
him to a composition for his heavily mortgaged inheritance. 
But here, the shade of his christian verity appears to have 
obstructed an early arrangement. The earl had been prisoner 
since the 4th February, when, on the 23 rd March, 164f , it 
was moved in the House of Peers, 

* Harl. MS. 6272. t Lords' Journals, v. x.,p. 609. 

t Tiernay, Hist, of Arundel. 



60 THE HOWARD PAPERS. 

" That the earl of Arundel, now in restraint in his own 
house, have leave to go into the country on his occasions." 
Whereupon it was moved as an amendment— 

" That he do first take the Covenant." 

And on the question; "Whether any peer under res- 
traint shall be admitted to liberty or come out on bail or 
otherwise, till he has taken the Covenant, it was resolved 
in the negative."* 

The earl was a protestant ,* he was one of those six-and- 
forty nobles who, on the 13th June, 1642, had subscribed 
that solemn engagement in favor of the king, pledging 
themselves to "defend his majesty's person, crown and 
dignity, and the true protestant religion established by the 
law of the land." The Covenant, therefore, abjuring the 
prelacy, was as repugnant to him as the Pope and the 
hierarchy of Rome : so that we must consider the earl to 
have remained a prisoner in Arundel House until Saturday, 
the 25th November, 1648, when an ordinance was brought 
in for " pardon of the earl of Arundel's delinquency and 
discharge of his sequestration :" and it was resolved — 

" That the Lords and Commons assembled in parliament 
do accept of six thousand pounds for pardon and in dis- 
charge of the sequestration ; and do expect that the said 
earl shall confirm to the maintenance of the ministry all 
such estate he hath in the impropriation of Arundel. 

" That one moiety be paid to the treasurer of the Navy, 
and the other moiety secured to the Navy, to be paid the 
last day of December next."f 

In the mean time his troubles had not decreased, and in 
addition to the Commissioners for sequestrations the sheriffs 
had taken possession of his patrimonial estate ; for in res- 
pect of some of those goodly manors and "liberties" — 
ancient grants from the Crown — there were reserved ac- 
knowledgments and fines payable at the Exchequer. These 

* Lords' Journals, v. ix., p. 96. t Ibid., v. x., p. 609. 



THE HOWARD PAPERS. 



61 



had not been discharged ; and on the 23rd July represen- 
tation was made to the House of Peers " that the earl of 
Arundel's lands in Norfolk, Suffolk, and other counties had 
been seized by the sheriffs for want of licences of aliena- 
tion, and that the bailiffs had not accounted at the Exche- 
quer for several fines and amerciaments due to the crown, 
— howbeit his majesty be indebted in a great sum unto the 
said earl, as the House was informed."* 

As this set off against the claims of the Crown could 
hardly have had reference to any voluntary assistance 
afforded by his father or himself to the king personally, or 
for his particular service in the assertion of his high pre- 
rogative, it must have had reference either to exactions by 
way of loan without the assent of parliament, which were 
among the grievances of the nation, or had figurative 
allusion to that incongruous system of government by which 
the parliament conducted the public affairs as a "kingdom," 
and administered the "king's revenue," in opposition to 
his majesty in arms :f in either case the parliament now 

* Lords' Journals, v. ix.,p. 347. The old grievance, of depredations on 
the estates, was also revived, the earl representing by petition "that the 
Committee for Sussex do cut down his timber trees at Arundel." — Sept. 
22nd.— lb. 

t In like manner the army under the command of the earl of Essex was 
directed to be raised "by authority of parliament" for the "necessary 
defence of the true protestant religion, the king, parliament and kingdom." 
— Decl. of Pari., Dec., 1643. In July following, John Cary, lord Hunsdon, 
eldest son of the earl of Devon, was accused of high treason " for adhering 
to the enemies of the king, parliament and kingdom, now in arms against 
the parliament." — Comm. Journ., in., 559. 

Before blood had been shed on the open field, but when the disruption 
was imminent, the king had said ; " We are still a part of the parliament, 
and shall be till this well founded monarchy be turned into a democracy." 
—Decl. at York; May, 1642. 

If the king had been prepared to retain that honorary position throughout 
the murderous struggle for supremacy, the extent of the incongruity would 
depend less on the assumption of regal powers of government by parliament 
than on the absolute dissolution of the monarchy by decapitation of the 
first, and the abolition of the second, estate. 

E 



62 THE HOWARD PAPERS. 

acknowledged and discharged its own debt by the fol- 
lowing ordinance : — 

"That in regard the parliament hath made use of monies 
of the value of fifteen thousand pounds assigned by the 
late earl for payment of his debts, that upon payment of the 
six thousand pounds from the now earl of Arundel, he be 
discharged from the payment of any fifth or twentieth 
part."* 

Such was the hopeful position of Henry Frederick earl 
of Arundel on the last of December, 1648, with the charges 
of a family that, at his death three years later, numbered 
eight sons, to be provided for, and two daughters to 
" cloister " or apportion in life. Some of the former had 
been sent abroad ;f and the earl himself took the earliest 
opportunity of absenting himself from a political atmosphere, 
which, looming dismally in the horizon, it would have been 
scarcely possible for him to have breathed without sus- 
picion, if with safety. The king, with whose fortunes he 
had identified his own, had suffered the fatal result of his 
determined struggle for absolute rule ; the House of Peers 
had been abolished as useless and dangerous ; and three 
of his order, involved in the royal cause, had been brought 
to the block; J when, on the 7th June, 1649, Evelyn 

* Lords' Journals, v. x., p. 609. 

t 1648, 14th August. Ordered, that a letter be written to the lord 
Admiral and another to the Committee of Kent, to desire the lord Howard 
of Charlton, and also the sons of the earl of Arundel, may be permitted to 
pass into France, notwithstanding the embargo. — Lords' Journals, v. x. 

The lord Howard of Charlton, was Charles Howard, eldest son of the 
venerable earl of Berkshire. He had been a companion in arms of the 
earl of Arundel when lord Mowbray, in the cause of the king, and was 
consequently assessed a " delinquent." — Lords' Journals, v. viil. 

t These were James, duke of Hamilton ; Henry, earl of Holland ; and 
Arthur, lord Capel, executed in front of Westminster Hall, the 9th March, 
164|. The latter, when brought on the scaffold, with the punctilio charac- 
teristic of the cavalier, so inherent to the misfortunes of his royal master; 
after " looking about him with a majestic air, inquired, ' whether the other 
lords had spoken with their hats on ? ' and being told they were bare, he 
gave his hat to his servant before addressing the multitude." 



THE HOWARD PAPERS. 



63 



records : " I took leave of the earl and countess of Arundel, 
now ready to depart for France."^ In the interval of his 
restrained residence, however, the earl had not been un- 
mindful of his particular interests in the arrangement of 
his father's private affairs; and he had taken the earliest 
opportunity of his return to England to make such a set- 
tlement for the future benefit of his family as the exigencies 
of his circumstances would permit. By certain indentures, 
bearing date the 21st March, 1647, he had vested his 
estates, — his patrimony in the hands of the sequestrators, 
and his revertionary inheritance expectant from his mother, 
— in the hands of trustees ;f to the use of himself for life, 
and the lady Katherine his countess, for life ; remainder 
for a term of eighty years, to raise a portion of eight thou- 
sand pounds for his daughter, the lady Katherine ;J and 
as his eldest son was lunatic and never likely to marry, he 
made such dispositions as the cunning of his legal advisers 

* Diary, v. i.,p. 281. 

t The trustees were his wife's brother, James, duke of Richmond and 
Lennox, who died in 1655; Henry, marquess of Dorchester, son of Robert, 
earl .of Kingston (slain in 1643,) and Gertrude Talbot, first cousin of 
Alathea, countess of Arundel; Edward lord Howard of Escrick; and Sir 
Thomas Hatton, Knt. 

James duke of Richmond was last surviving of the valiant sons of Esme, 
duke of Lennox; and was himself so deeply stained with delinquency, that to 
remove the sequestration from his estate, he was assessed at £8650. Henry 
Pierrepoint, marquess of Dorchester, for his father's delinquency, if not for 
his own, was assessed at £7469. Sir Edward Howard, a younger son of 
Thomas earl of Suffolk, was created lord Howard of Escrick, by the influ- 
ence of the Court favorite, George Villiers, first duke of Buckingham, whose 
niece he married. But his patron slain, and his wife dead, writes Clarendon, 
Escrick, " without any virtue to promote himself, withdrew from the Court; 
and shortly, from wishing it well, delivered himself up body and soul to be 
disposed by that party which appeared most adverse and obnoxious to the 
government." — Hist, of the Rebellion, v.i., 297. Severely just! Escrick 
joined the popular party at the commencement of the contest between king 
and parliament, and adopted every phase of government, with more or less 
advantage to himself, until the restoration. He died in 1675. 

% The second daughter, the lady Elizabeth Howard, was not born until 
the year 1651. 

e2 



64 THE HOWARD PAPERS. 

could suggest, for vesting the inheritance of his estates for 
the maintenance of the family honors in his second son and 
his heirs, during the lifetime of the first son and any issue 
he might have ; with a contingent interest in certain lands 
for his third son,^ in the event of the second succeeding 
to the earldom of Arundel ; and other arrangements making 
some provision for, and recognising the interests of his 
other sons in succession. 

The benefits of this settlement, however, were all con- 
tingent,— subordinate to the trusts of his father for the pay- 
ment of debts, and to the decease of the countess dowager 
his mother. As to the former, his short tenure of the 
inheritance and the unsettled state of the country, afforded 
no means of redemption, and he left matters as he found 
them. To anticipate other resources, — to secure immediate 
possession of his maternal inheritance seems to have oc- 
curred to him as a ready — perhaps his only available source 
of revenue; and to accomplish it, the countess dowager he 
treated with a measure of injustice and cruelty that, happily 
of rare occurrence, has found no defence; and refers to 
the affectionate appeal of the earl, his father, on her be- 
half, as a necessary but unavailable admonition. The 
countess Alathea was a Talbot, and, it might almost be 
said — consequently — of the old religion : her son, a pro- 
testant of the high church. But the difficulties of his posi- 
tion could furnish no valid excuse for his dishonest and 
rapacious conduct towards her ; nor the enthusiasm of his 
protestant convictions any apology for his violent abuse of 
her religious faith .f The short period, not quite three 
years and a half, that Henry Frederick lord Mowbray 
occupied the earldom of Arundel, was spent in harrassing 

* Fourth in order of birth ; but Philip Howard, the third son, having 
taken vows in the church of Rome, was " dead in law." 

t One of the charges circulated by the earl against his mother was, that 
" she had cost her husband fifty thousand pounds in going beyond seas to 
kiss the pope's great toe." — Tiernay. 



THE HOWARD PAPERS. 65 

litigation to wrest from the dowager countess whatever 
interest remained to her of the Talbot inheritance that she 
had brought to the house of Howard. " Since the greatest 
misfortune befell me/' wrote the lady Alathea, " that can 
happen to me in this world [the loss of the earl, her husband] 
1 have never receaved one penny, directly or indirectly, 

either in joynture or thirds; and my sonne hath 

beene so farre from asking anything of mee, that he hath 
used all meanes to take my due from mee ; not suffering 
mee quietly to possesse anything that he conceaves may 
any way be disputable, though it be my inheritance. " # 

" By various deeds," observes Mr. Tiernay, " the late 
earl had secured to his widow a life interest in many of the 
estates which she had inherited from her father ; and by her 
marriage settlement she was entitled to dower out of the 
castle lands of Arundel. By his will he had bequeathed 
to her all his goods, including the whole of his collection ; 
requiring only that she would be careful to entail the 
latter on his successors, to be preserved either at Arundel 
House or in the Castle of Arundel. The Arundel marbles 
had been bought principally with her money, and it was 
left for her to entail them : that she did not do so must be 
attributed solely to the undutiful and dishonest proceedings 
of her son.f 

" Hastening from the death-bed of his father to his sur- 
viving parent, who was in Holland, the earl laid before her 
the assurance of his filial attachment, offered to assist in 

* Letter to the lord Andover, 14th Sept., 1G48.— Tiernay, Hist. Arundel. 
The lord Andover, (by courtesy — assuming his father's second title) was 
Charles Howard of Charlton, son and heir of the earl of Berkshire. 

t The countess appears to have relied for the performance of the trusts 
of the will on the direction of the executors appointed by the earl : " they," 
she said, " being so trusted by him, (beside the honour they are knowen to 
have) is sufficient counsel for mee to rely on ; for I hope I shall never be 
so impious as in any way to make question of any thing that he hath left 
under his hand, but shall ever perforrne what were his desires to the utter- 
most of my powar."— Letter to lord Andover. Tiernay, Hist, of Arundel, 



66 THE HOWARD PAPERS. 

forwarding the provisions of the will in her favour, and re- 
ceived as the testimony of her regard the few jewels which 
the necessities of herself and her departed husband had yet 
left at her disposal. But this last object secured, his pro- 
fessions and his promises were alike speedily forgotten. 
On his return to England his first care was to obtain pos- 
session of all evidences which could establish the claims of 
his mother: his next to seize her estates into his own 
hands, to apply the revenues to his own purposes, and to 
assert his title to whatever moveable property, either in 
England or abroad, had been collected by his deceased 
father. To guard against the effects of the will, he first 
persuaded the executors, the earls of Bath # and Dorset,t 
that to prove it would be the ruin of the family; J and then 
making oath that, though required by him to fulfil their 
duty they had refused to act, he procured letters of admin- 
istration by which the whole of their power was transferred 
to himself. Nor did his dishonesty terminate here. As 
soon as the executors discovered the fraud which had been 
practised, they of course hastened to vindicate their autho- 

* Henry Bourchier, last earl of the family, son of Sir George Bourchier, 
Knt. and Martha Howard, daughter of William lord Howard of Effingham. 
He died in 1645, s. p. 

t The valiant Sir Edward Sackville, not less celebrated for his military 
services and consistent loyalty than his romantic duel with the lord Edward 
Bruce of Kinloss, who, determined on satisfaction to the death, fell beneath 
his sword, after one of the most fierce and bloody encounters on record, 
described by Collins from the MS. account of the survivor, preserved in 
the library of Queen's College, Oxford. — Peerage, v. L, p. 750, ed. 1756. 
Sir Edward was first cousin of Thomas earl of Arundel, being son of his 
aunt, Margaret Howard and Robert earl of Dorset. Sir Edward succeeded 
his brother in the earldom, and died at Dorset-House, in Fleet-street, in 
1652. To each of his "right noble cousins and friends," the executors of 
his will, the noble testator gave " a cup of gold weighing 100 1 ' sterling." 
—Harl. MS. 6272. 

X To have fulfilled all the desires expressed, under the circumstances of 
increased debt, and his son's delinquency, might have been embarrassing : 
f with the exception of his burial at Arundel, not any of his wishes were 
performed." — Tiernay. 



THE HOWARD PAPERS. 67 

rity by demanding the probate of the will ; but Arundel 
was ready to oppose the application ; and he who only a 
few days before had declared that instrument to be the true 
will and testament of his father, now asserted in the same 
solemn manner that it was a forgery, and that he should 
shortly be enabled to produce a more authentic record of 
his parent's intentions. The startling effect of this contra- 
diction may be easily conceived. The earl, however, had 
his friends among the j udges : the positive testimony of 
his brother, the lord Stafford, and of numerous other wit- 
nesses to the authenticity of the will, was evaded by an 
appeal to the court of delegates : delay succeeded delay : 
commission after commission was dispatched to seek for 
evidence through half the countries of Europe; and no 
device was omitted for prolonging a suit, of which it was 
hoped his mother, 'being an old woman/ would never live 
to see the termination. 

" In the mean time Arundel continued to enjoy the pro- 
perty which he had seized ; and the disgrace of the pro- 
ceeding was not more revolting than the means adopted to 
force her to an abandonment of her claims. Not content 
with placing spies about her agents, with assaulting some, 
threatening others, and arresting more than one on ground- 
less charges of disaffection to the government, the earl 
could even denounce his own mother as a popish recusant, 
for the sake of inflicting a fine on the little property she 
possessed , # and endeavoured to persuade the creditors of 

* On the 31st March, 1648, a petition was presented to the peers in par- 
liament from the lady Alathea, countess dowager of Arundel, shewing "that 
she going beyond seas with leave of the parliament, since her husband's 
death, the Committee of Derbyshire hath sequestered the manor and rec- 
tory of Glossop in that county, upon a bare suspicion of recusancy;" when, 
in regard the Committee for sequestrations was not then sitting, it was 
ordered, that the rents of the said manor and rectory be kept in the hands 
of the tenants. — Lords' Journ., v. x., p. 165. " The earl of Arundel," says 
Mr. Tiernay, " offered Mr. Thorpe, minister, two hundred pounds, and other 
sums to others, to continue her estate under sequestration." — Hist. ArundeL 



68 THE HOWARD PAPERS. 

his late father to proceed against her for the very debts 
which he prevented the trustees from liquidating. To 
render this advice the more plausible, he hesitated not to 
assail her character with the most shameful accusations. 
He declared that she had obtained the whole personal pro- 
perty of her deceased husband : he pretended that she was 
asserting a claim to all the estate of the earldom ; and he 
publicly charged her with having embezzled jewels and 
other valuable effects to the amount of no less than two 
hundred thousand pounds. # His very servants and domes- 
tics were encouraged to speak of her in terms which might 
put human nature to the blush,f whilst he himself, as if to 
add insult to injury, continued by his agents and his letters 

* In 1643, the personal estate of the absent earl had been seized by the 
parliament; and on the 6th September, on reading " the petition of William 
Marsh, gentleman to the right honorable the earl of Arundel, having charge 
of his houses and goods therein in his lordship's absence beyond seas," it 
was ordered, " That the plate, money, jewels, and other goods seized at the 
duke's place in Norwich, at Kenninghall-place or any other of his lordship's 
houses in Norfolk or Norwich, do remain in the hands of Sir Thomas 
Woodhouse, Knt , and not removed out of his custody till it be examined by 
the Committee of Sequestrations of Lords and Commons whether they 
belong to the earl of Arundel or to the lord Mowbray, or to any one else." 
— Commons' Journals, v. iii., p. 231. On the 19th March following it was 
ordered " That the jewels of the earl of Arundel now deposited with Sir 
Thomas Woodhouse be forthwith sent up to this House; and that the 
consideration of the property of those jewels be referred to the Committee 
of the Western gentlemen to examine unto whom they do properly belong, 
and out of the proceeds thereof, if they shall prove sequestrable, that the 
arms engaged for by Sir Arthur Heselrig, be paid." — lb., p. 432. If they 
escaped the necessities of the State at this time, it is questionable if they 
would have been allowed passport abroad, since there was an ordinance 
against the export of treasure. But in reply to the accusation of her son, 
it was stated, on the part of the countess, that in the retirement abroad of 
the earl and herself, — out of a revenue of fifteen thousand pounds per 
annum, the earl received from his agents in England less than £500 a year; 
and that they had been compelled to sell and pawn their jewels for the 
mere purposes of subsistence (Case of the Countess.) — Tiernay, Hist, of 
Arundel, p. 479. 

t " It was said amongst them that the countess of Arundel, her old 
rotten carcase should never enjoy the estate of Sheffield." — lb. 



THE HOWARD PAPERS. 69 

to upbraid her with the injustice of her pretensions, to 
extol his own peaceful disposition, and to signalize his 
filial attachment by reviling the memory of his father. 

" With the same mockery of duty and conciliation which 
had hitherto distinguished his professions, his endeavours 
were still unceasingly employed in calumniating his aged 
parent; the slander was transmitted as an inheritance to 
his children ; his agents were employed to propagate it 
among their acquaintance, and Junius, # Evelynf and others 
were taught to join in the invectives and perpetuate the 
tale of falsehood in their writings. 

" Though at the end of three years vexatious delay the 
solemn sentence of the court of delegates affirmed the 
validity of his father's will ; yet the property that will con- 

* Francis Junius, the well-known author of the Etymologieon Angli- 
canum, sometime librarian to the earl, and tutor in the family. " He had 
the care of my sonne Stafford first," wrote the countess ; " next was chosen 
by my lord for the teaching of my grandchildren." — Letter to the lord 
Andover. Having been fostered and trusted by the earl for thirty years, 
the countess employed him in her affairs. Was he ungrateful enough to 
play her false in her distress ? gfe§T Tiernay, p. 509. 

t John Evelyn, of Wotton, author of " Sylva " and other works. " That 
great lover of antiquities, Thomas, earl of Arundel," wrote the friend of the 
family, " had a very rich collection, as well of medals as other intaglios, 
belonging to the cabinet he purchased of Daniel Nice, at the cost of 
£10,000, which, with innumerable other rarities, have been scattered and 
squandered away by his countess when she got that treasure to Amsterdam, 
whilst my lord was in Italy, where he died." — Diary, v. iii., p. 300. 8vo. ed. 

As the " slander " refers to a period of time while the earl was yet living, 
the actions of the countess, always regulated by the most affectionate defer- 
ence to the will of her lord, were entirely under his control ; and if any 
of the rarities had been disposed of, doubtless it must have been a reluctant 
sacrifice to meet pressing wants. By his own account, however, she did 
not " squander" the whole collection ; for "abundance of them," continues 
Evelyn, ". she bestowed on the late unhappy viscount Stafford, her beloved 
son." The remainder passed to her undutiful heir, or came to the posses- 
sion of her grandson, Henry duke of Norfolk ; and Evelyn gives this ac- 
count of them : " Such as remained," he adds, " Lely, Wright, and the rest 
of the painters, panders and misses, have cheated the late duke of Norfolk 
of." Perhaps he had forgotten for the moment, that he had himself beeii 
the recipient of at least one " fair onyx set in gold." — Diary, v. i.,p. 333. 



70 THE HOWARD PAPERS. 

ferred on his mother he continued to withhold; and his 
parent who had brought an annual revenue of more than 
thirty thousand pounds, was left with a few hundreds, to 
consume the declining years of her life in anxiety and 
sorrow."* 

"To a man," adds the same writer, "who calculates 
against the chances of mortality; who measures his life 
against his designs, and regards the contingencies of the 
future with the same eye with which he surveys the reali- 
ties of the present, how seldom does it happen that his 
views are realized or that his expectations are not blighted 
by disappointment ! " 

Such was the folly — such the criminal hallucination of 
Henry Frederick, earl of Arundel. Calculating on the 
strength of his manhood for a length of days, and rejoicing 
in the prospect of his heirship to the little property that 
had escaped his grasp, — he was overtaken by the Almighty 
hand he had invoked on his unoffending parent. In the 
depth of his career of wrong the destroying angel swept 
over Arundel-House and summoned him to his last account, 
in the forty-fourth year of his age ; leaving his persecuted 
mother, the once wealthy "heiress of Hallamshire," to 
mourn her hapless fate ; and in her own gentle language, 
to "pray God to forgive his unnatural carriage towards 

her."f 

The prowess of the warrior or the wisdom of the patriot, 
it is truly said, afford but an uncertain index to the quali- 
ties of the man ; and the loyalty which more than once 
shed a lustre on the subject, is not always united with the 
piety which should distinguish the character of the son. 
Of this truth the conduct of the earl of Arundel affords a 
melancholy illustration.J " If a man," saith the poet of all 

* Hist, of Arundel; and the authorities cited therein. 
t Letter to the lord Andover. The earl died 17th April, 1652. The 
countess outlived her son rather over two years; and died at Amsterdam, 
J une 3rd, 1654. t Tiernay. 



THE HOWARD PAPERS. 71 

time, " erect not his own tomb ere he die, he shall live no 
longer in monument than the bell rings and the widow 
weeps." Such was the monument that Arundel erected for 
himself in the hearts of men. To the outer world and 
future time he otherwise addressed himself: "impartial 
history/' adopting his own motto, droit et avant, knows 
him only as the graceful cavalier clad in complete steel, 
painted by Van Dyk ! 

Lamentable as had been the condition of the Arundel 
Howards at the accession of the late earl, still more lament- 
able was their position at his decease. His family, numerous 
and several of them of tender years, would probably of 
necessity be dispersed ; the estates were still more deeply 
involved in debt — in the opinion of the friend of the family 
— beyond redemption ; and the general aspect of the nation 
was nothing hopeful for the improvement of the property 
or the prosperity of a race — half Stuart, and at once 
romish and regal in its religious faith and political asso- 
ciations ; for although the deceased earl had professed the 
reformed principles of the protestant church, his children, 
educated under the charge of their grand-parents, of one 
heart but two creeds, # were either early instructed in, or re- 
lapsed to the church of Rome ; and some of them in after 
years became advocates as firm and prominent of the papal 
doctrine as their parent had been of its abjuration. It was 

* Clarendon expressed an opinion that Thomas earl of Arundel " was 
rather thought not to be much concerned for religion than to incline to this 
or that party of any." — Hist, of the Bebellion. But the grief the earl 
expressed at the defection of one of his grand-children, educated under his 
charge, to the church of Rome (Evelyn, Diary, v. i., p. 21 8) ; is sufficient 
to correct a supposition of indifference to error or truth -, and the declara- 
tion of faith in his will must remove any doubt of his unconcern for reli- 
gion. "Prostrate before God," the earl concludes, "I beseeche Him to 
blesse all my family, and to give it strength and virtuous subsistence; and 
to have mercy on my sinful soul. Amen."— Harl. MS. 6272. The austere 
and stately earl, who " knew and kept his distance towards his sovereign -, 
and expected no less from his inferiors ;" was scantly to be judged in his 
private thoughts by a surmise, even of his peers. 



72 THE HOWARD PAPEKS. 

probably with a conviction of this general ruin and disper- 
sion, as a record for future time, that a long inscription in 
the universal tongue was engraven and affixed on the coffin 
of the deceased earl, to be deposited at Arundel,* stating 
not only the date of his decease and exact age to a day, 
but the particulars of his marriage and the names of his 
ten surviving children : a record of facts, as to the latter, 
so far important that it has been referred to in the present 
century to correct a misstatement of the seniority of their 
birth; and points to the derivation of all the ducal Howards 
to the present day. 

The estates, it appeared all but certain, must come to 
absolute sale : and Evelyn had a " singular inclination " to 
possess the favorite retreat of his much honored friend and 
patron. Henry earl of Arundel had deceased eight days only 
when Evelyn, taking time by the forelock, thus addressed 
his intimate, Edward Thurland,f one of the trustees for 

sale :— " the favor which (I am assured) you may 

do your servant is, promoting his singular inclination for 
Albury, in case (as I am confident it will) that seat be 
exposed to sale. I know you are potent, and may do much 
herein ; and I shall eternally acknowledge to have derived 
from you all the favour and success, which I augur to 
myself from your friendship and assistance : it being now 
in your power to fix a wanderer, oblige all my relations, 
and, by one integral cause, render me your's for ever. I 
suppose the place will invite many candidates, but my 
money is good, and it will be the sole and greatest obliga- 
tion that it shall ever be in your power to do for, dear 
lawyer, Your, &c."J' 

* It has been copied by Mr. Tiernay. — Hist, of Arundel, p. 603. 

t Afterwards Sir Edward, and baron of the Exchequer. At the date of 
this letter, Mr. Thurland was the legal adviser of the writer and Steward 
of his Courts. — Diary, v. ii.,p. 101. 

t Dated London, 25th April, 1652. — Diary and Correspondence, v. iii., 
p. 63. 



THE HOWARD PAPERS. 73 

The manor of Albury, near Guildford, in Surrey, parcel 
of the estate of the second lord Bray, on his decease, passed 
to one of his coheiresses, and after several transfers was 
mortgaged to George Duncombe, esq., of Weston, in the 
same parish ; who, in 1637, joined in a conveyance (subject 
to the payment of a large part of the purchase money,) to 
certain persons, of whom Richard Evelyn, esq. # was one, 
in trust for Thomas earl of Arundel. He, with his usual 
expansion of ideas, here contemplated the erection of a new 
church, with a chapel for the Howard family ; and a foun- 
dation for the improvement of medical science and relief of 
the sick poor;f but the purchase money of the estate re- 
maining unpaid, when the earl went abroad, in 1641, the 
mortgagee again took possession ; J and in the apparent 
wreck of the Howard family, on the death of his successor, 
its transfer to other hands might not have been improbable. 
The confidence of Evelyn, however, in this respect was 
misplaced, and his singular inclination doomed to early 
disappointment; for a new actor, having other interests, 
came to bustle on the scene, who, with a resolute determi- 
nation to meet and buffet with all opposition, looked on 
difficulties complaisantly as obstacles to be overcome ; and 

* Father of John Evelyn, mentioned in the text. The other trustees 
were Sir F. Stydolf and Sir R. Onslow. 

t Will of Thomas earl of Arundel. " I desire also that some house might 
hee built upon our ground neere the church-yard of Alebury, where six 
honest unmarried men might bee honestly and well fedd and eladd, and 
have good com'oditie of bookes to study with, and convenient roomes to 
make all distillations, phisickes and surgerie, to bee given for ever to the 
poore for charitie, and no money to be taken for it: for the number of six 
I name in gratitude to Almighty God who gave six sonnes to my deare wife 
and mee : and I desire either the parsonage of Finchingfield in Essex, 
where I was borne, may be employed to that use, or some other land worth 
at least £200 per annum, may be assured to that use, for I would by no 
meanes have them to live upon pensions. I would have all their cloathes 
ash-coloured : as also I could wish (if it might bee) those of my family 
might mourne for mee solely in ash-colour, in respect of the colour of 
ashes, into which my fleshe is to dissolve." — Harl. MS. Q'212. 
X Manning and Bray ; Hist, of Surrey, v. ii,,p. 124. 



74 THE HOWARD PAPERS. 

to a future hopefully, when he might say, with the aspiring 
Glocester : — 

Now is the winter of our discontent 
Displaced by glorious summer; and the clouds 
That lowr'd upon the fortunes of our house, 
Deep in the bosom of the ocean buried. 

— Mr. Henry Howard — if not earlier, at this time made his 
bow to the Commonwealth of England, in a new character, 
with some voice in the affairs of his family ; and turning 
his immediate regard to the favored Surrey retreat of his 
grandfather, he so arranged the finances at his command 
that in the following year, 1653, he redeemed the mortgage 
and completed the purchase with the grandsons of the 
Duncombe before mentioned.* The predilections of his 
grandfather were even further developed, although not ex- 
actly in the same direction ; and in place of the structure 
of the church with whose worship he held no communion, 
his attention was early directed to the adaptation of the 
estate to his advancing desires. The Evelyns were em- 
ployed to exercise their known talent for improvement. 
In 1655, " I went to Albury," writes John Evelyn, "to visit 
Mr. Howard, who had begun to build and alter the garden 
much."f The old timber manor house was enlarged, and 
the park and grounds laid out in more approved fashion. 
The " great room " in the mansion was the design of Capt. 
George Evelyn, the " great traveller " and amateur archi- 
tect ; J and his relative, the author of "Sylva," disappointed 

* Manning and Bray, ut antea. 

t August 10th. — Diary } v. i., p. 308. Here he found some of the rarities 
collected by the earl of Arundel, the dispersion of which he elsewhere 
so captiously deplored. " Mr. Howard showed me," adds Evelyn, " many 
rare pictures, particularly the Moor on horseback, Erasmus as big as the 
life, by Holbein; a Madona in miniature, by Oliver; but above all, the 
skull carved in wood, by Albert Durer, for which his father had been 
offered one hundred pounds ; also Albert's head, by himself, with divers 
rare agates, intaglios, and other curiosities." 

X Son of Sir John Evelyn, of Godstone. " He has a mind," wrote his 
kinsman, "but overbuilt everything." — Diary, v. i., p. 249. An admirable 



THE HOWARD PAPERS. 75 

of the ownership, had the gratification of exercising his 
genius in the artificial arrangement of the grounds. He 
designed the canal and garden, with a crypta through the 
mountain in the park ; " such a pausilippe," he exultingly 
exclaims, " is nowhere in England ! " # The vineyard oc- 
cupied twelve acres. The canal was to be a quarter of a 
mile in length and sixty feet in width, supplied with water 
from the Tillingbourne ; and a raised walk along its banks, 
planted with yew trees, gave the distant prospective idea of 
a sombre and stately promenade ! But the execution of 
these grand designs, though for the most part accomplished 
under the superintendence of the celebrated projector, at 
no inconsiderable cost to the proprietor, was a work of 
years :f and the narrative must revert to the time when 
the deceased Henry earl of Arundel was resting at Albury 
on his last journey to Arundel, and Evelyn was expressing 
to his friend the trustee, the singular inclination he enter- 
tained for the estate. 

Under the settlement of 1647, Mr. Henry Howard be- 

engraving, by Van der Gucht, of the old manor-house, before it was " im- 
proved," will be found in Manning and Bray, Hist. Surrey, v. ii.,p. 124. 

* Diary, v. ii., p, 52. 

t September 21st, 1667, Evelyn records, " I accompanied Mr. Howard 
to his villa at Albury, where I designed for him the plot of his canal and 
garden, with a crypt through the hill." — Diary, v. ii., p. 29. The labour 
was great and the progress slow : four years later, Evelyn notes : " I went 
to Albury to see how the garden proceeded, which I found exactly done to 
the design and plot I had made, with the crypt through the mountain in 
the park, thirty perches in length. The canal is now digging and the vine- 
yard planted." — lb., v. ii., p. 52. The crypt, constructed of ample dimen- 
tions, was designed, it is said, as an approach to the mansion ; but " a rock 
near the end " stopped the way. 

In the succeeding generation, Albury passed from the Howards to that 
celebrated lawyer Heneage Finch, afterwards earl of Ailsford. On the 5th 
August, 1687, Evelyn gave a last glance at this paradise of his creation, 
and found the garden " nothing improved." He had himself passed away 
ere the canal — a stagnant ditch — was again converted into dry land ; and 
his famous pausilippe — out of taste — had become in estimation a dank and 
dismal cul de sac. 



76 THE HOWARD PAPERS, 

came heir of designation to the wealth of the earldom during 
the lifetime of his elder brother, and he, with the concurrence 
of the trustees, forthwith exercised all the rights of heir- 
at-law. It could only have been in such a representative 
capacity that he made an application to parliament, with 
some claims, apparently in respect of his father's delin- 
quency; and on the 12th January, 165§, the question was 
propounded "that the Commissioners for removing obstruc- 
tions be empowered, notwithstanding the lapse of time, to 
admit the claim of Henry Howard, esq., and thereupon to 
examine and determine the same, as by the Act they are 
empowered to do in cases of claim brought within the 
time." But whatever the nature of the claim the motion 
was negatived;* and within a very short period occurred 
that bloodless coup d'etat which placed it out of the power 
of the supreme assembly that so long had ruled the nation, 
to reconsider the question in any other shape ; for on the 
20th April, General Cromwell and his officers embodied 
that celebrated tableau of history — the dissolution of the 
Long Parliament, by the forcible removal of "the fool's 
bauble/'-— emblem of its power and authority, f from the 

* Coram. Journ., v. vii., p. 24:6. In the several acts of forfeiture against 
delinquents passed in the Long Parliament, a clause was inserted saving 
the rights of heirs, reversioners, and other persons interested, whose rights 
accrued before the 20th May, 1642, provided persons so interested should 
make their claim within a time limited by the Acts, to certain "Commis- 
sioners for removing obstructions " therein appointed. — Scohell. 

On the 20th May, 1642, the parliament passed the resolution, "That it 
appears that the king, seduced by wicked counsel, intends to make war 
against the parliament;" and "That whosoever shall serve or assist him in 
such wars, are traitors by the fundamental laws of this kingdom." — Pari. 
Hist., v. xi., p. 1. The 20th May, therefore, drew a line that distinguished 
the traitor from the true man; until the 29th May interchanged the appel- 
lation. 

t In like manner when the imperious Charles attempted the arrest of the 
five members, and the House was informed " that Mr. Francis, the king's 
sergeant-at-arms, was at the door, having command to deliver a message 
demanding the five aecused, Mr. Francis was not permitted to enter until 
he had laid aside his mace." — A Chapter of Engl. Hist, re-written by John 



THE HOWARD PAPERS. 77 

possession of its official organ. The "seraphical and sanc- 
tified " convention called to replace the deposed power, 
and known in derision, from the name of one of its most 
fanatical members, as u Barebone s parliament/'*" after a 
short reign of six months, fell into well merited contempt 
and died of inanition. If a tyranny supplanted an ex- 
piring democracy, it was but the natural revulsion of ex- 
hausted elements, which, in all time, has been the 
result of violent outbursts of ill regulated zeal. On this 
occasion, a master-mind, with a powerful resolve to reduce 
every other faction to the subjection of one, and that the 
most powerful and despotic, — in some sort to effect a bond 
of unity by force, was the only alternative : and the time 
produced the man. "Oliver Cromwell, captain-general of 
all the forces in England, Scotland, and Ireland," was, by 
his confederates, invested with supreme power and the title 
of Protector; who, by his oath, undertook to administer 
the executive authority in conformity with the terms of a 
document intitled the " Instrument of Government," the 
advice of a Council of State,f and a Commons House of 
Parliament. In the height of his power, when he com- 
manded the homage of the world, well might this brave 
and fortunate soldier have declared : " Von ne montoit 
jamais si haut, que quand on ne scait oil Von va^\ Did 

Forster, 1860. The power of the mace was the subject of an occasional 
pamphlet by the present writer, entitled Precedents on Privilege; Svo. 1 840. 

* Praise God Barebone, the pious leatherseller, a representative summoned 
(not elected) for the city of London ; who preached himself into a place of 
£300 a year, as Comptroller of the Treasury of Sequestrations. His house, 
the " Lock and Key," near to Fetter-lane in Fleet-street, was burnt down 
in the "great dismal fire;" and, when upwards of eighty years of age, he 
was still living in the parish of St. Andrew, Holborn. — Add. MS. in B. 
M., 5070, fo. 28. 

t The Council of State relieved the executive power from judicial labour. 
Suits and Petitions to the Protector were usually referred to it in these 
terms : " Oliver P. does referr this Petic'on to our Counsell." 

% Cromwell, on his elevation, to Monsieur de Bellievre, ambassador of 
France, — De Petz, Mem., t. Hi., 385. 

F 



78 THE HOWARD PAPERS. 

he know whither he was going, or was it his mature and 
experienced conviction of the fallacy of democratic rule, in 
the disorganized institutions he saw around him, that after- 
wards induced him to add to his method of government 
that " other house " which seemed the natural precursor of 
the old regime of three estates, restored by its disunited 
enemies, a few years later, with so much eclat? 

The Protector had more than one Howard in his train 
of followers — if not his friends ; # and the Arundel Howards, 
whether for business, pleasure, political intelligence or per- 
sonal safety by disarming suspicion or distrust, appear, like 
others of their kin, to have haunted the precincts of the 
Protector's Court: nor was a cautious policy ever more 
necessary to safety than under his absolute rule ; for though 
he treated with contempt the many " fiddling " designs for 
his personal destruction, the elevation of the General to 
dominant power gave satisfaction to none but his own im- 
portant faction, and not to all sectaries of which that inco- 
herent mass was composed. The royalists, at the same 
time were disconcerted by the talent for government which 
he displayed, the wisdom of his foreign politics, and the 
apparent strength and probable endurance of the usurped 
power. Plots of doubtful origin, that exhibited nothing so 
much as an infirmity of purpose, were not wanting to cut 
down at one blow the invincible commander whose wisdom 



t 



* Col. Charles Howard, the correspondent of Cromwell (Thurloe, State 
Papers, passim) governor of Newcastle, and one of Lambert's deputy major- 
generals for the northern district, was member of the parliaments during the 
commonwealth ; and accepting peerage rank at the hands of the Protector, 
sat in his " other house" by the title of viscount Morpeth. 

Sir William Howard, the famous anabaptist preacher, was sometime 
a member of Cromwell's life-guard. Capt. George Howard volunteered for 
service in Ireland, with small personal advantage; and the lord Howard of 
Escrick, on the abolition of the House of Peers as a useless body, — (a cora- 
stitutional maxim (! !) revived by the levellers of our own day) — was con- 
tented to accept a seat in the Commons as burgess for Carlisle; sat on all 
Committees ; and was appointed one of the Commissioners of the Great 
Seal of the Commonwealth of England. 



THE HOWARD PAPERS. 79 

and energy the lord Chancellor Hyde prayed might not 
prove hereditary ; # and sinister designs, it is to be feared, 
were sometimes improvised for the removal of suspected 
enemies dangerous to the established rule, or to afford ter- 
rible example to malignants throughout the land. 

The same year that witnessed the inauguration of the 
Protectorate, also endured a concerted rising in several 
parts of England for the establishment of the kingly power ; 
and suspected persons, to the number of sixty, were also 
not long afterwards apprehended for complicity in alleged 
plots for the assassination of his highness the supreme head 
of the State. For participation in one of these alleged 
plots, Mr. John Gerard, of a loyal family, a connection of 
the Howards,f was brought before the High Court of 
Justice erected for the trial of persons accused of " holding 
correspondence with Charles Stuart, and for having a design 
against the life of the Protector;" and being convicted, on 
his own confession of a personal interview with the king, 
at Paris, and on the evidence of others that he had been 
present at a tavern when certain wild schemes had arisen 

* Clarendon's Letters, v. iii., p. 422. 

+ Mr. John Gerard was a young officer, who had held the rank of ensign 
in the royal array, and at the time of his execution was about twenty-two 
years of age. With his brothers, Ratcliff and Gilbert, he had seen service 
at Edgehill and some subsequent engagements. Gilbert, in after years, 
received a late acknowledgment of his loyalty in a baronetcy conferred in 
1666. The father of these gallant sons, lieut-col. Ratcliff Gerard, and his 
brother, Sir Gilbert Gerard, also served the king at the battle of Worcester. 

Of this devoted family, three cousins of the unfortunate sufferer nobly 
shared the dangers of the royal cause : Sir Gilbert Gerard was slain at 
Ludlow; Col. Edward Gerard was severely wounded at the first battle of 
Newbury; and their elder brother, Col. Charles Gerard, after receiving an 
almost fatal wound at Edgehill; foremost in the breach, was again wounded 
at the desperate assault of Lichfield close. For these gallant services Charles 
Gerard was honored with the title of lord Gerard of Brandon, and, after the 
restoration, with those of viscount Brandon and earl of Macclesfield. 

The Gerards and the Howards of Arundel were connected by intermarriage 
with daughters of the noble house of Somerset, earl of Worcester. — Banks, 
Bonn, and Ext. Peerage, v. iii. 

f2 



80 THE HOWARD PAPERS. 

from the fumes of the tankard, he was brought to the block 
on Tower-hill, the 10th July, 1654 * 

A civil broil that about the same time engaged the 
attention of the world, — although the circumstance has 
escaped the notice of history, — was intimately associated 
with a personal affront that the blood of the Howards could 
ill brook, and terminated with the decapitation on the same 
block with Mr. John Gerard, of no less a personage than 
the don Pantaleo de Sa e Menesis, brother of the ambas- 
sador from the Court of Portugal, on a special mission of 
homage and peace to the protectorate of England. f 

On Monday, the 21st November, 1653, the ambassador, 
with his brother (a young gentleman about nineteen years of 
age) and suite, — as "they were wont to do, in order to gain 
and increase love and acquaintance with the English gen- 
tlemen,";]; proceeded to take the air in that fashionable 

* On the same day, Mr. Vovvell, a schoolmaster of Islington, a person 
" entirely unknown to the king's friends," for the same offence, was hanged 
at Charing-Cross. It was part of the alleged design that Tom (or Colonel) 
Henshaw "who hatched the plot," but escaped its consequences, should 
fall upon the soldiers in the Meuse, while they were at nine-pins; and that 
Mr. Billingsley, the buteher, of Smithfield, (who was fortunate enough 
to get out of the way,) should fall on the Protector's house at Islington. 
Henshaw, with Tuedore, the apothecary, and several others, were then " to 
seize on the tower, and go on with their work." Gerard indignantly asked 
a witness who affected to divulge tlie plot : " How all this should be done 
with a company of geese?" — State Trials, v. v. As evidence of offensive 
or defensive intentions, Gerard was found possessed of "a pistol that would 
discharge three several times." On the scaffold, he told the people " The 
plot is said to have been hatched in Prance, but I fear the nest was at 
Whitehall," — "Alas! poor England," he exclaimed, "When will all these 
black days be over? When will there he hlood enough ! I wish mine may 
fill the measure. Dear countrymen ! I pray God to bless you all, and this 
whole nation. Fare you well ! " 

t The embassy (a splendid affair) arrived in England a few months before, 
and was lodged at Berkshire House. — Thurloe, v. \i.,p. 3-47. 

% Don Pantaleon's Narrative of the late accident at the New Exchange. 
Addressed to his much esteemed Nobility of England, and all of the beloved 
and famous city of London. Dated from Newgate prison, Dec. 8, 1653. — 
Harl. MisceU.,v.m.,fo.285. A bad translation of an interesting document. 



THE HOWARD PAPERS. 81 

lounge, the new Exchange in the Strand; and convers- 
ing together on English affairs in the French language, 
were overheard and contradicted by Col. Gerard, — the 
same Gerard, (to quote Clarendon,) " whom we have now 
left without his head ;" and the lie being given in a way that 
left no other remedy possible to men of honor, a "meeting" 
was likely to have been the consequence ; but anger grow- 
ing hot, weapons were drawn on the spot (though it does 
not appear that the don had any),*-— and Col. Gerard re- 
ceived a stab in the shoulder from some one, it was sup- 
posed, in attendance on the don, in defence of his master :f 
at the same time Mr. Thomas Howard, who was probably 

* As we two thus hand in hand discoursed, behold, on a sudden, an 
English gentleman obtrudes himself between us with great violence. I 
regarded not this until I heard that party and my companion at variance. 
At this, though I understood little, yet I very much resented it, because I 
wished nothing of scandal attempted where I might have anything to do. 
This was my mind then, as those will easily believe, who behold me with 
an impartial eye. But, what? Out of hand, the gentleman easteth at me 
most contumelious words, repeating them twice or thrice, in the French 

tongue, against me alone, who had not offended him I pray 

what flesh alive, in these conjunctures, could have contained himself from 
taking a just revenge? Let any one speak whether he could have patiently 
taken the like injurious words from me? If not, why should it be my 
charge and only blame, not to have been so patient as to hold my hands 
without repelling him, making at me in so scurvy a manner? It is true I 
then rushed upon him ; yet naked as I was, without either sword or any 
weapon that could do him the hurt he in that meeting received. Here 
quickly, a world of English crowded around me, by whom I was unkindly, 
yea, harshly abused, and, by naked swords drawn against my life, compelled 
to withdraw myself thence as I could, especially perceiving none there so 
favorable as would either speak or stand in my behalf. 

I was not a little afflicted, and tenderly felt what was acted against me, 
a gentleman, a stranger, and innocent, if I had been rightly understood; 
against whom none in my own country dared have attempted so much, if 
not for the honor of my deportment, at least for the respect and duty of 
my birth. — Don Pantaleon's Narrative. 

t I am sorry that the gentleman, the cause of all this, should have been 
wounded, and if any of my followers did it, I am the more sorry, although 
it were done in my defence; but I call God to witness I had not so much 
as a pin in my hand then by which I could in the least harm him. — lb. 



82 THE HOWARD PAPERS. 

in the company of Gerard, had his honor sorely wounded. 
Of the other party, it is only stated that " one of the Por- 
tugal had a cut on the cheek.' 7 * 

Later in the evening, we are told, the Portugals returned 
in force, — some twenty in number, — and would have quar- 
relled with any one ; but meeting none with whom to quar- 
rel, they returned as they came. But on the following 
day,f states the " Relation/' came again the ambassador, 
his brother, and two knights of Malta, with about fifty 
Portugals, led by a Portugal in buff, whom they called cap- 
tain ; they had generally double arms, all or most of them 
having swords and pistols; and were encased in coats of 
mail or armour to preserve their bodies from wounds. 

Attending them were " two or three coaches that brought 
ammunition, hand grenades and bottles, and some little 
barrels of powder and bullets, and other accessories, if 
occasion was."J To aid their escape, if need required, 

* A Relation of the Meeting on Tuesday, the 22nd November, 1653, in 
the new Exchange, in the Strand, of the Portuguese Ambassador's followers. 
—Lord Somers* Tracts, v. vi., p. 252. Besides divers Portuguese gentlemen 
who were abused, the gentleman whose wound was complained so much of, 
assisted by many others, meeting a Portuguese gentleman ignorant of what 
had passed, rushed on him, and, with a blow in the face, wanted little to put 
out one of his eyes. — Don Pantaleon's Narrative. Harl. Miscell., v. iii. 

+ Sure that all this proceeded from some few ill affected persons, the 
following day I esteemed it superfluous to look to myself more than usually; 
remembering how all English, and particularly gentlemen, are, and have 
always been loved and honored in my country, where Portugal against 
Portugal would have boldly and laudably stood for any stranger in such a 
rencontre. Upon these considerations I came the next night to the Ex- 
change, with a far other intent than I am accused of. I myself brought no 
arms at all, nor any of those that entered with me. This I did on purpose, 
persuading myself with sweet and civil language, and my unarmed habit 
of both mind and body, to appease and moderate those that by chance 
might be there unsatisfied by reason of the mistake happening the night 
before. I call God to witness, who searcheth the secrets of hearts, and ap- 
peal also to all English gentlemen there to argue me, if hitherto I flinch 
from the truth. — lb. 

% A Relation, &c. — Lord Somers* Tracts, v. vi. The Exchange Mer- 
chants have asserted many things wholly unknown to me, against me and 



THE HOWARD PAPERS. 83 

boats also were ready prepared, conveniently at the river's 
side. 

In this guise, armed to the teeth, entering the Exchange 
fifty strong, "led by the captain in buff, all with drawn 
swords, and in so imperious a manner, as if they intended 
to kill every one before them," — no wonder if mischief 
ensued. 

Thus far the published " Relation ; # " but a more probable 
narrative is found in the "Examination of Mr. William 
Metham,f of Metham, in the county of York, gentleman, 
taken the 8th April, 1654, before two justices of the peace 
for the city of London, by virtue of an order of his highness 
the Protector and Council," dated the previous day.j 

Mr. Metham's account varies somewhat from the florid 
evidence that convicted several unhappy persons then in 
prison awaiting trial for participation in the broil. He 
stated that on Tuesday, the 22nd November, on his way 
towards St. James's, he met the Portuguese ambassador's 
coach about Pall Mall, coming towards the Exchange ; 
and don Pantaleon being in the coach, called to examinate 
and invited him to enter. There he found a knight of 
Malta, the lord of Byone, and some others, whose names, 
being Portuguese, he knew not: and coming to the new 
Exchange,^ one Mr. Philip Howard || came to examinate, 

ours. Let none, I pray, be so much our enemy, as to exaggerate our crime 
above truth ; but let all favour us for our former affection rather than hate 
us for this present event. — Don Pantaleorts Narrative. 
* Lord Somers' Tracts, v. vi., p. 252. 
t Mr. William Metham had been to Portugal, and by his own statement 
was " sufficiently experienced in Portughes humours." He afterwards 
travelled to Rome and other foreign parts ; and corresponded with Secre- 
tary Thurloe under his own, and secretly under the assumed name of 
Andrew Briant. — State Papers, v. v. 

X Thurloe, State Papers, v. ii., p. 223. 

§ Coming therefore to the Exchange I walked with a certain 

gentleman newly arrived from Portugal, who assured me of the civilities he 
enjoyed among my countrymen. — Don Pantaleon's Narrative. 

JJ Probably brother of Mr. Thomas Howard, after mentioned. 



84 THE HOWARD PAPERS. 

and desired him to persuade the said Portuguese to go off 
the Exchange, for that there were some above that did 
stay for them. And examinate speaking to don Pantaleon 
to the same effect, the don replied, that he had no arms 
and would offend none, and he did believe none would 
offend him ; there being but four Portuguese there together 
at the same time, none of them having any arms. And 
that after the said Portuguese had staid there in the Lower 
Exchange for some little time, they went up into the upper 
part of the said Exchange," and being there, one Mr. Thomas 
Howard # came to said don Pantaleon and demanded 
satisfaction for an affront offered the night before ;f and 
examinate persuading the said Mr. Howard to be satisfied, 
the said Howard did cease to speak or act anything else, 
as examinate did see ; but immediately upon this the shop- 
keepers began to make a noise with shutting up their 
shops ; and that during the time of discourse between don 
Pantaleon and Mr. Howard and examinate, there was a 
pistol shot off about the west end of the Exchange ; J and 
thereupon examinate did depart, and did not see any Por- 

* Probably son of Sir William and brotber of Charles Howard of Gils- 
land, viscount Morpeth of the Protector's creation. " An absolute gentle- 
man, full of most excellent differences, of very soft society, and great 
showing: indeed to speak feelingly of him, the card or calendar of gentry 
— I mean, Sir, for his weapon." As principal and second, Mr. Thomas 
Howard will hereafter verify the extolment, 

t The unhappy Portuguese gentleman called upon Howard to bear tes* 
timony of his truth : " Let here that English gentleman speak, if he will 
honor and befriend me so far in these my straits ; for he must needs call to 
mind how I then carried myself. He first expostulated quietly with me 
for what befel the night before; to whom I replied in all meekness and 
civility, ' That I was ready, if need were, to satisfy him and all the English 
gentry as was fit for me to do and them to demand.' This also I added, 
and desired 'That none should so mistake me as to esteem it any injury, 
contempt or quarrel to them all ; for indeed the Portugal gentry can 
neither presume nor wish to contest with the English, from whom they 
seek and desire a firm and stable peace and union.'" — Don Pantaleon's 
Narrative* 

i While these things were carried on, behold, all the Englishmen with 



THE HOWARD PAPERS. 



85 



tuguese, save only those aforesaid, before the said pistol 
was fired ; but afterwards he saw divers Englishmen with 
their swords drawn, and divers black men also with their 
swords drawn, who he conceived may have been Portu- 
guese : # but what were the particular passages there after 
that time examinate knew not; neither did he know or 
hear of any design or appointment by the said Portuguese 
to meet there that night to injure or affront any persons 
whatsoever.f 

Whitelock J relates, that some of the Portuguese meeting 
with Col. Mayo, whom they mistook for " Mr. Anthuser," 
who had on the previous day drawn in defence of his coun- 
tryman and separated the combatants, a desperate encounter 
ensued ;§ and in the melee, Mr. Greenway, a gentleman of 
Gray's Inn (son of the lady Greenway), who was there 
accompanying two ladies — his sister and his fiancee, — was 
accidentally killed by a pistol shot; but by whom fired 

great noise shut up their shops, which I will not interpret to any ill inten- 
tion against my person ; for both I, in French, and divers English gentle- 
men, cried out aloud, "What is this business? What needs all this? 
Nevertheless no Portuguese did hitherto endeavour any hostility at all, 
until a pistol was discharged. Unhappy man, whose shot that was ! 
whether English or Portuguese : and I am sorry from the bottom of my 
heart that my people should so love me (for the fear they conceived of me) 
to have made way through that throng to seek me. I am sorry, I say, be- 
cause on both sides blood was shed in that confusion. — Don Pantaleon's 
Narrative. 

* I slighted those who had bragged that no Portuguese should dare to 
return and expatiate there again. I stood not at all in awe of those threats 
which I was informed of; but some of our domestics followed me of their 
own accord (apprehending some danger on my behalf,) so to assist me if 
need were, but only in a defensive way : they were certainly in too great 
number and had too many arms; yet would not have attempted anything 
if I should enjoy quietly my accustomed walk. — lb. 

t Thurloe, State Papers, v. ii., p. 223. $ Memorials, p. 569. 

§ Whitelock says, Col. Mayo received seven dangerous wounds. The 
Relation, describing his valiant defence, adds, that "he had twelve on him 
at once, yet drew his sword and fought with them as long as he was able to 
hold sword in hand,"— Lord Sowers' Tracts, v. \'u, p. 252. 



OO THE HOWARD PAPERS. 

none could truly say. # The "Relation, &c," before quoted, 
adds, that " Mr. Thomas Howard and several other persons 
were wounded passing by."-f 

For the offence of having been present on this occasion 
several persons were found guilty of murder and felony ; 
and the Protector has been charged with exceeding his 
powers under the " Instrument of Government," in shewing 
mercy to any. J The offended laws of his country demanded 
exemplary punishment, — -the Protectorate an exercise of 
fearless authority, that should command the awe of foreign 
powers;- — "justice must be satisfied:" — and Cromwell, 
as though to divide, in some sort, the punishment of the 
offence between the two nations, selected two victims — 
criminals of the highest and the lowest rank, as a sacrifice, 
less in satisfaction of the laws of social life, daily outraged, 
than as a peace offering to popular prejudices, and a daring 
example of absolute will : a poor Irish youth, in the service 
of the Portuguese embassy, hanged at Tyburn, was the 
only other prisoner who suffered death.§ The law of nations, 
the privilege of ambassadors, the allegation that don Pan- 
taleon had been included in the powers granted to his 
brother, the ambassador, with every legal objection that 
could be devised, were permitted to be argued, and were 
urged in mitigation of punishment on the dignified criminal 
who lay at the mercy of the imperious executive, — but in 

* Mr. Greenway looking out (of the shop door) to see what was the 
matter, the captain in buff gave the signal, sasa, to fall on, and without 
any offence offered, they pistolled him, and shot him dead in the head. A 
Relation, g-c. — Lord Somers' Tracts, v. vi., p. 252. t Ibid. 

$ Cobbett, State Trials, v. v., p. 479. By the 3rd article of the " Instru- 
ment of Government," it was provided that all writs, processes, &c. shall 
run in the name and stile of the lord Protector, from whom, for the future, 
shall be derived all magistracy and honors; and shall have the power of 
pardons, except in cases of murder and treason. — WhitelocJt. The law, 
however, was post factum as to the offence, though not as to the conviction. 

§ Alvaro Gonsalves Pereira, Master of the Horse to the ambassador, and 
another of his retainers, had their lives spared. None of the English party, 
although they commenced the quarrel, were brought to trial. 



THE HOWARD PAPERS. 87 

vain; and to the amazement of the world, the don Pantaleo 
de Sa, brother of the ambassador of the king of Portugal, 
suffered death on the same block where Mr. Gerard, the 
original offender in the unhappy conflict, for another im- 
puted offence, had just before forfeited his life.* 

Mr. William Metham, in the opinion of the examining 
magistrates, appeared by his evidence to be so far impli- 
cated in the offence, that he was committed to Newgate 
for safe custody, to await the directions of the government,^ 
— with what personal inconvenience has not been ascer- 
tained ; and of the Howards, who appear to have been still 
more intimately connected with the broil at its commence- 
ment and its close, nothing has escaped oblivion to tarnish 
or to varnish the lustre of their fame or name. A procla- 
mation, however, was immediately issued against any revival 
of the quarrel ; and a few days before the trial of the un- 
happy Portuguese,! it was thought expedient to publish an 
Ordinance of the Protector and Council, " against challenges, 
duels, and all provocations thereunto." By this act, it was 
declared that " Whereas the fighting of duels upon private 
quarrels is a thing in itself displeasing to God, unbecoming 
christians, and contrary to all good order and government : 
and, forasmuch as the same is a growing evil in this nation, 
for preventing whereof there is a present necessity of some 
more severe laws than hitherto hath been made in that be- 
half. Be it therefore ordained by his highness the lord 
Protector of the Commonwealth of England, dec. : — 

* On the same day, July 10th, 1654, the treaty of peace with Portugal 
was signed, and the Conde de Canteneiro, took his mournful farewell. 
M. Bastide de la Croix, writing to M. la Baas, said, "This morning, at 
eight of the cloek, the Portuguese ambassador signed their treaty, and 
departed from Gravesend at ten. His brother was beheaded this afternoon, 
and his man hanged at Tyburn." — Thurloe, State Papers, v. ii., p. 439. 

t Report of the recorder, Steele, to the Protector and Council, dated 
12th April, 1654.— Thurloe, State Papers, v. ii., p. 228. 

% The trial came on July 5 : the following day the prisoners were found 
guilty and sentenced to be hanged. — State Trials. 



88 THE HOWARD PAPERS. 

" That fighting a duel, if death ensues, shall be murder. 

" That seconds shall be banished for life. 

" That persons challenging, or accepting a challenge, in 
the commonwealth, and fighting it elsewhere, shall be 
punished as if it had been fought within the commonwealth. 

"That persons challenged, not discovering the same 
within twenty-four hours, shall be deemed acceptors. 

" That persons using disgraceful or provoking words or 
gestures may be indicted. 

" Penalty, fine and imprisonment; and judges and jus- 
tices to award compensation to parties injured. 

" No certiorari to be alio wed. " # 

Here is a model for legislation that might have been re- 
vived with advantage in more recent days. In the Com- 
monwealth, said the Protector, Sampson shall no longer 
a strike quickly, being moved :" nor shall Gregory " bite his 
thumb" at a Montague. To be techy of honour and tur- 
bulent on occasion, was quite consistent with the character 
of a cavalier, who by nature eschewed thin potations and 
carried steel. That the Howards would fail to display 
their quality, should " dunghill curs confront the Helicons," 
would still be unquestioned, though no ghost revisited the 
glimpses of the moon to tell the tale. 

On the 3rd of September, Cromwell assembled his second 
parliament, with as much of regal state as might be con- 
sistent with the " putting off that hereditary way," com- 
bined with the liberty of the subject, and "a reciprocation." 
It was professedly a free parliament, that assembly; and 
among the free things that came under debate and received 
solution, liberty of conscience was permitted " to all who 
should not maintain atheism, popery, prelacy, profaneness, 

* Cap. 36, passed 29th June, 1654. By the "Instrument of Govern- 
ment," an Ordinance of the Protector and Council (the Commons not being 
in session) had all the authority of law. This and a vast number of other 
Ordinances was confirmed by the Commons in a general Act passed for that 
purpose, (cap. 10,) in the year 16&6.—Scobell, Acts and Ordinances. 



THE HOWARD PAPERS. 89 

or any damnable heresies to be enumerated by the 'parlia- 
ment" 

Here was equal justice or injustice to protestant and 
catholic ; but if it was only the maintenance that might be 
called in question, there was still a sufficient absence of 
tyranny for a quiet man to enjoy his thoughts, and practice 
his devotion in his heart of hearts, It was only the lusty 
clamourers for liberty of conscience that would force their 
opinions upon other men, and suppress every man's opinion 
but their own. If the protestants entertained any hopes, the 
catholics were not dismayed ; and the Arundel Howards, 
who had again relapsed into popery, so far from receiving 
light from the doctrines that now prevailed, resolved that 
the heresy of their parents should have no representative 
among them, and the younger members of the family were 
sent to the Roman catholic college of Douay, # to receive 
the best tuition in the faith of Rome. 

It was a free and a reforming parliament ; and on the 
5th September, Mr. Commissioner Whitelock moved the 
House " that in regard the many exhorbitancys both in the 
power and in the privileges of the judges at Salter's Hall, 
that the Act concerning the relief of creditors might be 
referred to a Committee, with power to send for persons, 
papers, records, &c. ; and in the mean time that they be 
suspended from further proceedings; but the latter was 
not thought expedient, until something appeared in proof 
of their wrong doings. "f 

* Edward, Francis, and Bernard, sons of the late earl of Arundel, of the 
several ages of 16, 14, and 11 years, were entered on the Register of the 
College, Sept. 18th, 1653.— Bodd, Church History. 

t Guibon Goddard's Journal, p. 23.— Add. MS. in B. M. t 5138. An Act 
passed the 8th August, 1651 (cap. 13,) established six per cent, as the legal 
interest of money, and that none should take more; the Master of the 
Rolls and the Lords Commissioners of the Great Seal being empowered to 
" moderate interest incurred during the late troubles, according to equity 
and conscience." For this purpose, the time of the troubles was to be 
counted from the 1st September, 1642, to the 1st February, 164jf. — Scobell. 



90 THE HOWARD PAPERS. 

It is not unlikely that Mr. Henry Howard had some 
business before that Committee ; some grievance to com- 
plain of; for his father and his grandfather had creditors 
who had been clamorous for their debts. His father, 
moreover, it has been said, had aroused them to a sense of 
wrong against his grandmother, the dowager countess ; 
and a creditor once aroused, under the laws of a common- 
wealth, with the debtor a royalist, and moreover a papist, 
might not be easily appeased. It is known also, that 
Mr. Henry Howard was using his anxious endeavours to 
effect a composition of those debts, and to redeem his in- 
heritance from the depressing weight with which it was 
encumbered. There had also been one Holland, of Norfolk, 
and one Harvey, of London, esquires both, connected some- 
how with the trust of a Norfolk manor for the payment of 
the earl's debts: and there had been a lawsuit between 
John Harvey, esq., one of the said trustees, against Joseph 
Holland, for a breach of trust in purchasing lands, which 
suit had been " dismissed in chancery and found no remedy 
in law, by reason that an alien was in the case." Two 
years later Mr. Nathaniel Bacon brought this grievance by 
petition before the parliament ; # but with that we need not 
proceed, as our attention is to be directed to the 27th 
September, 1654; on which Wednesday, there was very 
important business before the House.f Mr. Howard was 
lounging away his time in the precincts of the parliament 
to hear the news, chatting with certain parliament men as 
they went and came ; or, as it has been assumed, he was in 
attendance to expose some matter of legal wrong before 
that Committee for investigating the maladministration 
of the law for the relief of creditors, which had become his 

* Burton's Diary, v* iv,,p, 202. 

t On this day, it was resolved in Grand Committee that " The exercise 
of the civil magistracy over England, Scotland and Ireland shall be in the 
lord Protector, assisted by a Council, according to the laws and such limi- 
tations as shall be agreed on in parliament."— -Goddard's Journal, 



THE HOWARD PAPERS. 91 

business, if not his pleasure. He there met one Mr. Holland, 
and we must assume that a grievance already existed or 
then arose between them. It may have been that Holland 
was the aggressor — that he came between the wind and 
the nobility of a great name, and that Mr. Howard drew in 
defence of his person or his honor : but, by the recently- 
published ordinance the difference was slight as to the 
cause; and with the sad — the severe example of stern jus- 
tice so lately inflicted, gentle blood must have been sorely 
tried, to have incurred so great a risk. Howbeit, we have 
the dry fact, recorded by Whitelock, that on the day men- 
tioned, " Mr. Howard, son to the earl of Arundel, slew one 
Mr. Holland in the passage going to the Star Chamber, 
where a Committee sat." # 

He smote him, and he died ! But what of the smiter, 
and within the verge ? Was it a case of privilege ? There 
was a committee for privileges ; but the journals are silent: 
although the poor maniac, who not long afterwards "laid 
about him with a drawn sword at the gate of the parlia- 
ment house," was brought to the bar and committed to 
the gate-house. f 

Was it a case of duel, that, under the new law, came 
within the category of murder ; where is the trial ? 

* Memorials, p. 606. 

t December 30, 1654. — Whitelock, Memorials, p. 592. The House being 
informed that one Theauro John, in the lobby without the door of the 
parliament, did draw a sword and strike at divers persons, and run with his 
sword against the door of the said house, he was brought to the bar. He 
told the parliament men, who sat there assembled in hat and cloak, that 
" He fired his tent and the people were ready to stone him because he 
burnt the bible." Saith, It is letters not life, and he drew his sword because 
the man jostled him at the door. But there was method in his madness, 
nevertheless, when he told them, " He burnt the sword and pistols and the 
bible, because they are the gods of England." Satis, superque. The Gate- 
House be his goal. See Comm. Journ., v. vii. Theauro John (whose 
patronymic was Davy, and John by baptism) was probably in attendance 
to give evidence before the Committee for ejecting " Scandalous Ministers," 
sitting in the Jerusalem Chamber. 



92 THE HOWARD PAPERS. 

A man is slain; "justice must be satisfied;" yet where 
is the decree? Whitelock mentions the fact with the non- 
chalance of a daily occurrence ; inducing a belief that the 
administration of justice was yet^at bay with the privilege 
of rank, where popular prejudices and political or religious 
zeal were not engaged ; that a murder in law might yet be 
chance medley under favour. It can hardly be supposed, 
however, that Mr. Howard formed one of the "Court 
party " at Whitehall, although it was every way important 
for him to preserve a character equally distinct to all ap- 
pearances, from the "malignant" interest. He had private 
affairs of magnitude, essential to his future hopes and per- 
sonal status to engage his active attention, paramount to 
every other consideration, and only connected with the po- 
litics of the time by dissembling its decrees. In such a 
case, it might not be unexpected to find a man of the 
world playing the hermit or dressing his own vine; and 
Evelyn steps in to shew the Howards of Arundel peace- 
fully engaged in country pursuits : 

"August 1. I went to Dorking to see Mr. Charles 
Howard's*' amphitheatre garden or solitary recess, being 
fifteen acres, environed by a hill. He shewed us divers 
rare plants, caves, and an elaboratory. 

" 10th. To Albury to visit Mr. Howard, who had begun 
to build and alter the gardens much. He shewed me many 
rare pictures, &c."f 

Happy royalist ! fortunate papist ! who, — confiding and 
unsuspected — in these distracted times, (if events in the 
precincts of Westminster had not rendered rustication 
for a time advisable) could so dissociate himself from the 
Babel of discordant factions, and pursue the rural delights 
of artless peace ! But — 

* Mr. Charles Howard was fourth son of Henry Frederick earl of Arun- 
del, and younger brother of Mr. Henry Howard of Albury. 

t Diary, 1655, v. i.,p. 308. Ante, p. 74, n, f. 



THE HOWARD PAPERS. 93 

There is a history in all men's lives, 
Figuring the nature of the time; 

and, sad to say, the nature of this time was, to reverse the 
qualities of truth and falsehood; to break the ties of nature 
between brother and brother,*' faith and honor between 
man and man ; and to make successful double-dealing the 
promising road to honors and reward. In the seclusion of 
their woodland retreat, and beneath the "fostering shadow" 
of the Commonwealth, there can be little doubt that the 
pride of the Howards lay in their patrician descent and 
their sympathies with the proscribed Stuart at Cologne. 

Manning, the spy, addressing a letter of intelligence to 
Secretary Thurloe, conveyed to the knowledge of the Pro- 
tector, that " The Arundel Howards, of whom one brother 
is a dominican friar,f and now lately gone to England, 
correspond with Hanham, of whom I made mention for- 
merly, who is now here in private with the king. f 

* " For my brother Charles," said John Gerard, on the scaffold, " Alas ! 
poor youth, how he was wrought upon ! But I desire all my friends to 
think honorably of him." — State Trials. Charles Gerard's examination is 
in Thurloe, State Papers, v. ii., p. 341 . He implicated Henshaw, and fatally, 
named a conversation at which his brother was present. The French am- 
bassador, M. de Bordeaux, in a letter to the Count de Brienne, relates, that 
the brothers "suffered confrontation upon the scaffold" {lb., p. 447); a 
measure of cruelty that will account for John Gerard's appeal. We learn 
from Thurloe, that Henshaw was safe in the tower at the moment of the 
trial, although neither prosecuted nor produced as a witness. — Lingard. 
t Philip Howard, afterwards Cardinal of York. 

% Letter dated Cologne, November 17, 1655.— Thurloe, State Papers, 
v.\\.,p. 169. The previous letter of Mr. Manning is not in the printed 
selection, and the history of Mr. Hanham is still to be sought in Thurloe's 
sixty seven folio volumes, preserved among the Rawlinson MS. in the 
Bodleian Library. In 1642, there was one Mr. Hanham, a member of the 
House of Commons, who, when the public purse was rather low in cash and 
resources, volunteered a loan of fifty pounds to the credit of the nation, 
and shortly afterwards received repayment. — Comm. J own., v. ii. Yet, 
after so much loyalty to the public cause, sad to relate, on the 18th October, 
1645, it was ordered in parliament, " that Mr. Hanham, inter alia, be re- 
ferred to the Committee at Goldsmiths' Hall, in order to a composition 
for his delinquency." — lb., v. iv. And the result was a resolution, " that 

G 



94 THE HOWARD PAPERS. 

The spy was discovered shortly afterwards, and " the 
wretch/' writes Clarendon, "received the reward due to 
his treason,* — Charles Stuart had him shot.f If he told 
the truth in his extremity, he had been faithful neither to 
the Commonwealth, on whom he fattened, nor to the king, 
whom he professed to serve; J and howsoever true to his 
salt, his assertions, under such circumstances, would doubt- 
less be received by the vigilant Secretary with a greater 
degree of caution than hitherto, even in respect of persons, 
who, by their religion and known connections, it is to be 
presumed, were already under the surveillance of the state. 
A suspected enemy has an advantage in being a known 
man : he has the opportunity of furnishing explanations 
and of giving assurances of neutrality, if not of fidelity, that 
in other persons would be supplied by active measures 
— making assurance doubly sure — to the same end. A 
letter, among Thurloe's papers, intimating some previous 
correspondence, had brought the Arundel Howards, and 
their private affairs, intimately to the notice of the Protector, 

the House do accept the sum of £965, of Thomas Hanham of Candle, co. 
Dorset, esq., for his delinquency in deserting the parliament, (being a 
member of the House,) and going to Oxford." His estate was a life interest 
of £386 per annum.— lb. 

In the mean time (July 15, 1644,) it was ordered, that the Governor of 
Poole do send up, inter alia, " Mr. Hanham, jun., in very safe custody to 
this House." — lb., v. iii. 

Earlier, in January, 1641, the sheriff of Somersetshire received the direc- 
tions of the House to make seizure of certain arms, said to be in possession 
of one James Hanham, a popish recusant, inhabiting an obscure place in 
that county called Hollewell ; to wit, forty arms for foot, twenty arms for 
horse, and three pieces of brass ordnance; and to place the same in safe 
custody. — Lords' Journals, v. iv. After the restoration there was a John 
Hannum, M.A., who, for his constancy to the king in the late unhappy 
times, having been disabled from taking his degree in the University, was, 
by letters mandatory of his majesty, admitted B.D. of Cambridge, Decem- 
ber 4, 1662.— Kennett, 836. 

* Clarendon, Hist. Rebellion, v. iii.,^?. 568. 

t He was "pistolled in a wood near Cologne, by Sir James Hamilton 
and Major Armourer," — Thurloe, v. v., p. 718. $ Clarendon, ut supra. 



THE HOWARD PAPERS. 



95 



and whether of his Council, depended on the pleasure of 
his highness. In this instance, as nothing appears on the 
journals of parliament, it is probable the matter was treated 
more of a private affair than of public concern ; the execu- 
tive accepting such explanation as might readily be given, 
and according by the opportune imputation, a favorable 
chance of meeting and dispelling other accusations that 
might be laid to their charge. 

While Mr. Henry Howard was basking in the sunshine 
of his Surrey retreat, nigh to Guildford, indulging in reveries 
of future grandeur, and his brother Charles was deeply 
studious in his " elaboratory " at Deepdene, the Secretary 
to his highness the Protector received the following letter 
from Mrs. Mary Gernon : — 

" Honored Sir, — I had waited on you but sickness pre- 
vented me. The erle of Arundell is my neere kinsman, and 
he is in great affliction, because he is kept amongst priests 
and Jesuits. He desires earnestly to live a protestant in 
England, the place of his nativity : except it please God to 
make you the instrument to redeeme him from perishing in 
the church of Rome, he shall never be brought into England 
alive. Those that have the guardianship of him might have 
done it long since; and if you send by those that will not 
goe untill they have the money for theyre journey out of 
his estate, his heart will break e before they come at him. 
If it should please your highnesse to write to the States of 
Venice to send the earle of Arundell into England, I have 
a friend who is well knowen to his highnesse, who shall 
wait on you, when you command him, and will carry the 
Protector's letter with all speed, and on his own charges, 
and will furnish the erle of Arundell with moneys for his 
journey into England. By doeing this act of charity will 
bring blessings to you and your's for ever. 

" Your honor's most humble Servant, 
" London, August 5, 1655." " Mary Gernon."* 

* Thurloe, State Papers, v. iii., p. 695. 

g2 



96 THE HOWARD PAPERS. 

Who was Mrs. Mary Gernon, that thus interested herself 
in the affairs of her " neere kinsman ? " Was she that 
Mary Gernon of Killingeowle, who became the wife of 
Thomas Stanley of Finnon, in the county of Meath; or 
that other Mary Gernon who married Richard Nugent of 
Robinstown, in the county of Westmeath, # of the Irish 
noble family of Nugent, earls of that county ? In the latter 
case, her fears of the perdition of Rome may account for 
her son being the first of his family who abjured the ancient 
faith : yet the affinity with the earl of Arundel is not very 
distinct. Women, although a very essential part of a 
genealogy, — viewed indeed, by physiologists as the " depo- 
sitories of future generations," — were, nevertheless, of small 
account in the estimate of the feodists ; and by the heralds 
have been treated with singular neglect : hence the Visi- 
tations generally, afford scanty information of the females 
of a family, excepting where an honor has terminated in 
" distaffs ;" and the female heir of a noble house has car- 
ried the inheritance, the armorial distinction, and perhaps 
the name, to ennoble, — not as the ballad makers so pleas- 
antly describe, — and make happy, some valiant knight, 
lord of her choice, on whom she bestowed her hand and 
heart ; but, alas ! while the latter, (of little value in feodal 
law,) she might perhaps cast away as she listed, — hard as 
may have been her fate, the former, at the absolute dis- 
posal of the lord of the fee (the king being paramount), 
went with the land, and became the arbitrary right of the 
purchaser of the marriage. The branch of the House of 
Gernon, through whom the Howards of Arundel might 
trace a descent from the ancient coat, paly, ivavy of six r 
org. and gu., had long taken the name of their Suffolk 

* He died in the year 1703, at the age of 105 years; and one of hi& 
daughters (Margaret, wife of Francis Nugent of Roscrea,) died in the year 
1742, at the age of 83 ; one hundred and forty-four years for two lives, ex- 
tending over the reign of nine sovereigns, from 1598, the 40th year of 
Elizabeth, to 1742, the 16th of George the Second. 



THE HOWARD PAPERS. 97 

manor of Caimdishe ; # but in former ages cousins were as 
diffusive as the counsellors of the king ; there was scarcely 
a limit to relationship in blood not so described, when al- 
liances were strength, and the unity of great families afforded 
the best protection against " the power" of the crown. 

The earl of Arundel had maternal cousins — and of the 
favorite christian name — of whose disposal the heralds are 
silent: his younger sister, the lady Elizabeth Howard, 
married a Macdonnel of the House of Antrim ; and a 
daughter of Richard, earl of Westmeath, was allied to the 
same family; indeed the ramifications are several by 
which a connection may be traced, were it material to the 
present purpose that the writer of the letter to Secretary 
Thurloe should be particularly identified : the signature, 
however, might have been a mere nom de guerre, for any 
purpose to be gained by the discovery ; and whosoever the 
lady may have been, it is very unlikely that she was a 
free agent, acting disinterestedly from the pure motives 
expressed : there are too many improbabilities in the narra- 
tion to establish the belief of personal knowledge in the 
writer; and an accordance with subsequent action too ap- 
parent for the sincerity of the earnestness expressed. 

The unhappy imbecile, victim of religious indecision, as 
earl of Arundel, lord Mowbray, and Mr. Howard, had been 
ten years under restraint at Padua. If wrong had been 
committed against his personal liberty, it had been of that 
duration, and his father and grandfather had been parties 
to the crime : if wrong had been committed against his 
hereditary rights, his father had been the person committing 
that offence, when, in 1646, he used the legal means at his 
disposal to provide for the distressing emergency, and secure 
the heredity of the family estates apart from his succession. 
With an interest not apparent on the surface, the letter of 
Mrs. Mary Gernon seems rather a weak device of the 

* The Cavendishes, earls of Devonshire and Newcastle, were de facto 
Gernons of Cavendish. 



98 THE HOWARD PAPERS. 

enemy, playing on the anti-Romish zeal of the Protector, 
than the affectionate interference of a female relative on 
behalf of an alleged deeply-oppressed noble. The interest, 
whatever it might have been, offered money to support the 
charges, and " a friend well knowen to his highnesse " to 
conduct the proposed release of the afflicted earl ; or more 
probably — the proposed annoyance to his nearest kinsman ! 
Who should this have been ? And what, if the protestant 
anxiety should in reality have been Jesuitical in origin and 
purpose, emanating from a source as thoroughly Romish 
as might be found to exist ? 

The following letter from the viscount Stafford # to the 

* William viscount Stafford was third son of Thomas earl of Arundel 
and his countess the lady Alathea Talbot, who having to wife Mary, sister 
and heir of Henry fourth baron Stafford, they were by letters patent of the 
tenth year of king Charles I., dated 12th September, 1640, created baron 
and baroness Stafford of Stafford Castle, "with such precedency as Henry 
lord Stafford, brother of the said Mary, did enjoy." In this clause, how- 
ever, the Court influence became too apparent ; and the precedency to a 
new creation being deemed illegal, the object was attained, 11th November, 
the same year, by the elevation of William lord Stafford to the rank of 
viscount. 

This advancement of his younger son to the honors of an ancient stock 
has been mentioned as an improper exercise of the powerful Court influence 
of Thomas earl of Arundel, and a lasting blot on the escutcheon of the 
Howards. For the earl, if the influence is rightly attributed to him, it was 
his last successful venture : in the restoration of his own family honors, 
about the same time, he failed of success ; and retired abroad in di9gust 
and poverty. But the tale must be told. 

Henry, fourth baron Stafford, dying in 1637, a youth, unmarried, his 
only sister, wife of Sir William Howard, K.B., became his heir. The barony 
of Stafford, however, by right of inheritance, devolved on a cousin, Roger 
Stafford, son of Richard, brother of the second baron (see the Table) ; and 
here commences the wrong : for this Roger, claiming the honor that had 
become his right by law, observes Sir Harris Nicholas, "was unjustly denied 
the dignity on account of his poverty."— (Synopsis of the Peerage, v. iL,p. 
600J Roger Stafford, says Mr. Banks, " immediately on the death of his 
relation, presented a petition to the king, claiming the barony and a portion 
of the estates. But being of slender fortune, probably having none at all, 
he was borne down by the power of the Howards, who solicited the barony 
for the sister of the last lord and her husband, Sir William Howard. The 



THE HOWARD PAPERS. 99 

lord Protector, having reference to the same matter, explains 
the interference to have been merely introductory to per- 
sonal designs having no relation to family affection, to 
philanthropy or to the religious fears employed to arouse 
the dormant attention of the puritanical executive : — 

" May it please your Highness, 

" I hold my selfe bounde in duty by your highness leave, 
to give you this account, that when I was last in England, 
I did addresse my selfe by petition to your highness in the 
behalfe of my nephew, Tho. earl of Arrundell, now kept in 
cruell slavery in Padua, that he might be brought over and 
restored to his estate ; or, if it was thought needfull, a due 

indigent heir appealed to the protection of the king, and was advised to 
submit his case to his majesty's judgment : " upon which submission," we 
are told, " the king declared his royal pleasure, that the said Roger Stafford, 
having no part of the inheritance of the said lord Stafford, nor any other 
landes or means whatever, shall make a resignation of all claims and title 
to the said barony of Stafford, for his majesty to dispose of as be shall see 
fit." 

Blood against groats ! " What," exclaims the enthusiastic genealogist, 
" has poverty to do with rights which are annexed to blood ? If honors are 
to fluctuate with property, woe to the permanence of any family in a coun- 
try like this ! How mean, how ignorant is the prejudice against the truth ; 
or the claims of a descent which is involved in poverty ! " — Banks, Dorrru 
and Ext. Peerage, v. ii.,£>. 529. 

By what intimidation the poor lord was induced to surrender his rights 
cannot now be known. But in obedience to the king's command, the sur- 
render was duly made by deed enrolled, dated the 7th December, 1639, and 
by fine levied of the honor to his majesty's use in the following Hilary 
Term. And being thus extinguished it was assumed, by form of law, the 
king was pleased to revive the honor and title, by a new creation, in the 
family of Howard ! 

If Sterne's sentimental episode represents a theory unknown to our law 
of honors, degradation for poverty may find a precedent in the case of the 
marquess of Montague and his son, George duke of Bedford, reduced to the 
ranks of the commonalty for that cause, by act of parliament, 17 Edw. IV. 
—Add. MS. in B. M. Lib., 12,514, fo. 17 ; where the act is recited. But 
in the year 1640, the peers were too regardant of their privileges to Allow 
the "melancholy precedent" of the lord Stafford to remain uncondemned; 
and in order to obviate so dangerous an example, it was afterwards resolved, 
by the lords in parliament, " That no fine now levied, or at any time here- 



100 



THE HOWARD PAPERS. 



provision made for his recovery, and inspected heer accord- 
ing to the knowne laws of the land ; in favour of which 
most just request your highness was gratiously pleased to 
order letters to be sent to the duke of Venice ; but since, 

after to be levied to the king, can bar any title of honor, or the right of any 
person claiming such title under him that levied or shall levy such fine." — 
Dorm, and Ext. Peerage, v. ii., p. 533. 

TABLE OF DESCENT. 



Edward Stafford, = 
duke Buckingham, 
attainted and be- 
headed, 1521. 



Alianore, d. of 
Henry, earl of 
Northumber- 
land. 



Tho. Howard,=Eliz. Stafford, 
du. Norfolk, J 
ob. 1554. ! 



Henry Stafford, 

restored baron 

Stafford, 1547, 

ob. 1565. 



Henry Howard,= Frances, Dorothy = Edward 

earl of Surrey, I d. of Jo. Howard, I Stanley, 

beheaded, Vere,earl 1st wife. | earl of 

1572. of Oxford. I Derby. 



=Ursula, d. of Sir Rich. 
Pole, Kt., & Margaret, 
d. & h. of Geo. d. Clar- 
ence, bro. of k. Ed w. IV. 



Tho. Howards 

du. Norfolk, 

beheaded, 

1572. 



=Mary 
Fitz- 
alan, 
1st wife. 



Maria=Edward 
Stan- | 2d baron 
ley. I Stafford, 
ob.1603. 



Richard= 
Stafford, 
died ve- 
ry poor. 



Mary Walter Elizabeth 

Corbet, Stafford. = Sir 

ob.circ. % Will.Ne- 

1632-t vil, Kt. 



Philip Howard,=^Anne 
earl of Arundel, 

died in the 

Tower, 1595. 



Isabel,= 

d.of 

Thomas 

Forster, 

ofTonge, 

co. Salop. 



Edward, 
3d baron 
Stafford, 
ob. 1625. 



Roger Stafford, 

b. circ. 1572, 

cousin & heir of 

Henry, 4th baron 

Stafford, dejure, 

1637, ob. coel. 

circ. 1640. 



Jane = 
Stafford, 
b. circ. 

1581, 
living(a 
widow) 

1637. 



a joiner, 
at New- 
port, co. 
Salop. 



Thomas Howard,= 

earl of Arundel, 

ob. 1646. 



Alathea 
Talbot. 



Anne = Edward 



d.of Jas. 

Wilford, 

esq. 



Sir William = Mary 
Howard, K.B. Stafford. 



a son, a cobbler, 

living at Newport, 

Salop, 1637. 

Credite Bomani! exclaims Mr. 
Banks. The grand-daughter of 
Henry lord Stafford, the greaf grand- 
daughter of the mighty Edward, 
duke of Buckingham, the wife of a 
joiner ! and, inheriting the blood of 
royal Clarence, her son a mender 
of old shoes ! ! ! — Dorm, and Ext. 
Peerage, t>. ii. 

* Roland White, writing to Sir Robert Sydney, November 22, 1595, says: "My lorde 
Stafford's son is basely married to his mothers chambermaid."— Sydney Papers, i., 365. 

t Daughter of John Corbet, of Lee, co. Salop, esq. and his wife Anne, daughter of Sir 
William Boothe, of Dunham Massey. She survived her husband, and sued for her join- 
ture out of lands at Errington, in Gloucestershire ; but failed of her suit. 

% Unaccounted for in the pedigrees ; yet on the failure of the male issue of bis brother 
Richard, his male descendants, if any, were, dejure, the next in claim to the barony of 
Stafford, 



Stafford, 

ob. vit. 

pat. 



Henry 
4th baron 
Stafford, 
ob. ccel. 
1637, inf. 
aetatem. 



THE HOWARD PAPERS. 



101 



understanding it hath proceeded noe further, I have caused 
a second petition to your highness to be left at mr. Bacon's 
hand, your master of requests, my selfe being detayned 
here in relation to the performance of my mother's will, to 
whome I am executor, in which alsoe I am dayly obstructed 
through my nephew Harry's meanes, by false arrests and 
other such molestations, because of my entire and faithfull 
dealings in endeavouring my nephew Arundell's enlarge- 
ment, which often upon his knees he hath beged of me ; 
and in all justice and conscience I ought to performe. But 
in this I had bin silent, but that your highness' 's knowledge 
thereof will somewhat cleer my way to you in a busines of 
far greater importance, wholy concerning your owne person 
and affayres, which I thought it my duty to acquaint your 
highness with, allthough not fitt to comunicate to paper : 
therfore, if your highness please to grant me a safe protec- 
tion from all arests and other like molestations for a small 
convenient tyme, I will make my sudden repayre into Eng- 
land, and there give you your highness, by word of mouth, 
an assured testimony of the pasionate attention I have to 
approve my selfe 

" Your highness's most humble 
u Amsterdam, " and obedient Servant, 

"Jan. 1, 1656, " Stafford. "* 

"new stile." 

H A weak, but fair conditioned man," writes Burnett, f 
" on ill terms with his nephew's family." In those words 
may be found the mystery of this appeal on behalf of a 
nephew "kept in cruell slavery at Padua;" and although 
the charge had produced inquiry, the plot was too unwarily 
expressed, and the design too apparent to impose on the 
person addressed. What, indeed, can be said in favor of 
a man, who after declaring as foul a wrong as might well 
be exposed — the imprisonment and disherison of one of his 

* Thurloe, v. iv., p. 335. t Hist, of his Own Time, v. ii., p. 256. 



102 THE HOWARD PAPERS. 

nephews by a younger brother, — should add : " but in this I 
had bin silent, but that your highness's knowledge thereof 
will somewhat cleer my way to you in a busines of far 
greater importance, wholy concerning your owne person 
and affayres." The conclusion need not be repeated, 
though it is equally out of taste, from a royalist who placed 
a value upon his loyalty far above the estimate of others, 
and thought himself ill-requited when the turn of the king's 
affairs converted the homager of the Protector to the cour- 
tier of the throne. # But Cromwell was hardly to be caught 

* Burnett adds, that " He thought the king had not rewarded him for 
his former services as he had deserved ; so he often voted against the Court, 
and made great applications always to the earl of Shaftesbury." 

These political associations in due course marked him as the probable 
victim for a set of men of beggarly fortunes and desperate lives ; who, in 
despair of honest preferment, in their own familiar phrase, " set up as wit- 
nesses f they concocted sham plots, and as no evidence was too monstrous 
for the fears of the time (the king himself, perhaps, being the least credu- 
lous of any) they lived in luxury on the price of blood. Implicated in the 
Oates plot of 1678, and convicted mainly on the evidence of Dugdale, a 
discharged serving man of the lord Aston, who swore that in a conversation 
at his master's house at Tixall, the lord Stafford gave " his full consent " to 
the plot ; and afterwards offered the witness five hundred pounds to accom- 
plish the death of the king, the viscount Stafford was brought to the block, 
on Tower-hill, the 29th December, 1680. Burnett says, four of the Howards, 
his kinsmen, condemned him ; but the earl of Arundel [mentioned below] 
did acquit him. — Hist., v. ii.,p. 263. 

Dr. Lingard has printed three letters of this unfortunate nobleman, from 
originals at Corby Castle, written from the Tower of London ; two of them 
to his daughter Ursula, a nun in the English Convent of St. Augustin, at 
Louvain j the second preparing her for his unhappy fate. The third letter, 
" For my lady the countesse of Arundell," is as follows : " Madam, I beseech 
God preserve you and make you happy. I pray let yo r lord know that I 
do count myselfe very much obliged unto him, and wish him as well as 
may be. I pray let him know that I have the sword that was our great 
ancestor's att the battle of Flodden-Field, with w ch we have a tradition in 
our ffamily hee killed the king of Scotland. This sword was always much 
esteemed by my father. I do now give it unto y or Lord, my nephew. I 
have taken order it shall be brought unto him. I give it upon this con- 
dition and no other, that he leave it to the heirs males of himself, w ch 
I hope will be many, and their heirs males j for want of such, unto my 
nephew Thomas, his brother; and for want of his heirs males, to return 



THE HOWARD PAPERS. 103 

with chaff like this ; and though he probably offered no 
obstacle to the visit of the viscount Stafford to his native 
land, he did not afford him the opportunity of displaying 
his "pasionate attention" at court. 

The lord Broghill,* addressing Secretary Thurloe, 3rd 

unto ray heirs. God bless you all ! I am near my death, and with that 
will averre my innocence, that am, 

" Your Lad ps ffaithfull humble Serv*. and Unkle, 
— Hist. Engl. v. ix., App.p. 514. " William Howard." 

If the wishes of the viscount Stafford had been respected, the family relic 
(which is said to be in the Heralds' College) should, in 1777, have passed 
to Sir William Jerningham, of Costessey, Bart, who, as heir general, claimed 
the ancient barony of Stafford. The sword is supposed to have been, not 
the weapon with which the king of Scotland was slain, but that worn by 
Thomas earl of Surrey, on the memorable occasion, when he won the battle 
of Flodden, and by his victory regained the dukedom of Norfolk, lost by 
his father on Bosworth field. 

It must be noticed that the countess of Arundel addressed, was the lady 
Mary Mordaunt, daughter of the earl of Peterborough, wife of Henry Howard, 
summoned to parliament as lord Mowbray vita patris, (earl of Arundel by 
courtesy) great nephew of William, viscount Stafford. He died without 
issue, and a son of his brother Thomas became his heir. 

* The lord Broghill was fifth son of Richard Boyle, " the great earl of 
Cork." Before he was seven years of age, the royal favor conferred on 
Roger Boyle the title of lord Boyle, baron of Broghill, in the kingdom of 
Ireland, in 1627. In 1640, he married Margaret Howard, third daughter 
of Theophilus, second earl of Suffolk. The lord Broghill was a valiant and 
fortunate soldier in the service of king Charles the First, animated by ardent 
zeal in the reduction of Ireland. On the death of the king, the like zeal 
induced him to unite his fortunes with Cromwell in the same cause; and 
he became an intimate friend of the Protector, to whom he was under the 
highest obligations for favors received in the shape of rewards and con- 
quered lands. On the death of his friend, however, when he saw " the 
game was lost," he lost no time in making his cards for the new deal; and 
was not less fortunate in his future than in his past career. 

" God's Providence is our Inheritance," was the motto of his lucky parent, 
the "great earl;" and the lord Broghill, hastening to his command in 
Munster, prepared himself for coming events with a sagacity that marked 
the high character of his political endowment. A few lines penned on a 
slip of paper, neatly quilted in the collar of the doublet of his brother 
Francis, assured the king of his fidelity ; and that he had five thousand of 
his protestant subjects in arms ready to welcome his return ! 

A patent of pardon for " past crimes and offences," and the earldom of 



104 THE HOWARD PAPERS. 

August, 1657, writes : "My lord Stafford, who, to my won- 
der, gave me a visit, and desyred me to bringe him to kiss 
his highness's hand, was twice there to doe it, ere he left 
the town, but not haveing admittance, desyred me to let his 
highness know he was there to performe his duty, which I 
really forgot to doe ; and therefore humbly beg you to doe 
it."* 

The viscount Stafford overshot his mark, the sad tale of 
the imprisonment of the earl of Arundel, for the time, fell 
to the ground, and his younger brothers, the Howards of 
Arundel, doubtless established a character on the defama- 
tory statement that bore them onwards through greater 
dangers for the remainder of the Protectorate ; even if it 
did not induce a rashness of conversation, an indulgence of 
idle talk that, in Mr. Henry Howard, was one of the frail- 
ties of his nature : otherwise a man of the time ; not given 
to fear where occasion led to action; but politic withal, 
having sufficient knowledge of manners and men even to 
work a rotten borough under the influence of a reform act. 

The great Protector had finished his illustrious career, 
and his body had been entombed in its penultimate abode y\- 

Orrery, gave assurance to the world of the king's favour; and places, pen- 
sions, compensations, besides five several grants of land under the Acts of 
Settlement, as so many marks of especial bounty and grace, were his 
pecuniary reward. 

His elder brother, Lewis, created, when a child, viscount Boyle of Kyinal- 
meaky, was slain at the battle of Liscarrol, in 1642, when the lord Broghill 
valiantly rescued the dead body and brought his troop out of action. His 
younger brother, Francis, before named, after the restoration, was created 
viscount Shannon. A still younger brother, seventh son of his parents, the 
hon. Robert Boyle, was the celebrated natural philosopher. 

The earl of Orrery, a man of vast action, having "enjoyed very great 
employments with universal reputation," died, at the age of fifty-eight 
years, the 10th October, 1679, "leaving behind him the character of an 
able general, statesman, and writer; particularly happy in what is called 
presence of mind, with surprising dexterity in extricating himself from the 
greatest difficulties."— Lodge; Mem. of the Boyles. 

* Thurloe, State Papers, v. vi., p. 346. 

t His last was beneath the gallows at Tyburn. The fact has been dis- 



THE HOWARD PAPERS. 105 

when his successor, confiding in the happiness of his 
father's rale ; how " he had left these nations in great honor 
abroad, and happiness at home, every man dwelling in safety 
under his own fig-tree, from Dan unto Beersheba," sum- 
moned a parliament to meet at Westminster, on the 27th 
January, 165 J. In this happy land, however, there were 
elements of discord : besides the republicans and the army, 
there were the Independents of the Congregational Churches, 
in whose tenets the late Protector, Oliver, had gloried 
and conquered ; and the Presbyterians, to whom the new 
Protector " rather inclined/' Richard, however, met his par- 
liament with all the state that the kings of England and 
his father had used. Enthroned in his " other House," the 
Commons were summoned to hear a speech worthy of a 
monarch ; and lord Commissioner Fiennes, aghast at the 
wisdom and eloquence to which he had to respond, ex- 
claimed, " What can a man say after the king? " 

This was " Dick's parliament," — his refuge from the dis- 
order of his council; and even herein his constitutional 
advisers had departed from the true interest of their chief: 
for on debate " Whether the elections should be made by 
the counties, cities, and chief towns, according to the dis- 
tribution agreed on by the Long Parliament, and practised 
by the late Protector ; or, whether they should be made by 
the counties, cities and boroughs, according to the ancient 
law of the land " the measures of the Court were broken 
by the result. " The ancient law of the land " carried the 
votes of the council ; and one of the results, related by 
Slingsby Bethel, appears to have been, that " Mr. Howard, 

puted; but whoso shall doubt, may read the record of daily events in 
Jtugge's Diai^y. As a summary; Jan. 28, 166^, Oliver Cromwell's vault 
broken open, and people in crowds gave sixpence a piece to see him. 30th, 
The handsome coffin taken from Westminster to the Red Lyon Inn, Holborn, 
and thence dragged on a sledge to Tyburn, where the body was hanged. 
Feb. 6, The heads of O. Cromwell, John Bradshaw, and Henry Ireton set 
upon poles at the top of Westminster Hall ; Bradshaw having the place of 
honor in the centre.— Add. MS. in B, M. Lib., 10,116. 



106 THE HOWARD PAPERS. 

a papist, had boasted, that at the instance of the Pretender 
and his Secretary, he had sent twenty members to parlia- 
ment/^ 

"April 8th, 1659. I came late," wrote Burton, "and 
found the House in debate, whether Mr. Howard's misde- 
meanor at the election of Castle Rising,-]- and other places 
where he had power, should be enquired into. 

" Col. Birch and others affirmed that oath would be 
given that he had boasted in several places, that he had 
sent twenty-four members into this House. 

"Major-Gen. Kelsey and Col. Clark were very earnest 
to have it enquired into. 

" It seems the report was shuffled in the other morning,J 

* Brief Narrative, p. 341. 

t The influence of Mr. Howard at Aldborough and Castle Rising, at a 
much later date, appears to have been an object of solicitation. Henry Savile, 
writing to Sam. Pepys, August 14th, 1672, says, " His royal Highness (the 
duke of York) has farther ordered mee to acquaint you, that upon a report 
wee have heer, that Sir Rob. Paston is to bee called to the House of Lords, 
hee spoake to my lord Harry Howard that you might be burgesse of Rising, 
which his lordship has very willingly consented to, both out of obedience 
to the duke's commands and out of kindnesse to you." — Pepys, Diary, 
v. v., p. 288. Wealth had then, as now, its cares, and pocket boroughs their 
troubles ; as witness, in reference to the foregoing promise. " I had this 
morning," (Aug. 31, 1672,) wrote T. Povy to S. Pepys, " full discourse with 
the lord Howard, who was telling mee how hee finds himself oppressed 
with his prerogative of recommending on elections ; and how hee stands 
engaged to the king for Sir F. North, to the duchess of Cleveland for Sir 
John Trevor, hir councill and feoffee, and to the duke for you." In his 
" distraction," the expedient of getting the Solicitor (North) returned for 
Lynn had been discussed; but that my lord was tender of opposing young 
Cook, " because the gent, of the countrie doe alreadie murmur at his dis- 
posing those places, upon which he hath a full and perticular influence, 
upon strangers and courtiers." — lb., p. 290. 

% Wednesday, April 6. An account of the Election for Castle Rising is 
given by the editor of Burton, from the Journals. — Diary, v. iv., p. 350, n. 
After much violence, the election resulted in a double return, Guibon God- 
dard and Col. Fielder, (by the mayor as returning officer) ; and Goddard 
and Col. Rob. Jermie, by the parson and several other free burgesses, re- 
turned by the sheriff. The House decided in favour of the Mayor's return. 
Goddard 's MS. Journal, p. 117. 



THE HOWARD PAPERS. 107 

when the republicans had not opportunity to lay open the 
foulness of the election, relating to letters from great per- 
sons. A papist reputed, ought not to have such influence, 
and it was agreed by divers that he had been but too active 
in this part." # 

The activity of Mr. Howard in the cause of the king, 
revived the action of his personal enemies and brought his 
private affairs, which had so long slumbered in the Secre- 
tary's office, immediately to the notice of the House : — 

"Upon occasion of this debate," continues the diarist, 
"a petition was presented touching his eldest brother being 
kept by him out of an estate of £17,000 per annum, which 
was referred to a Committee. It seems there was a jury 
summoned in Surrey, about his lunacy, and commissioners 
appointed to manage his estate. Some say that they have 
mutilated the earl in Italy, under physicians, pretending the 
curing him of his distemper. 

" Sir Arthur Haselrigge moved, that Henry Howard be 
in custody till the whole matter be examined. 

" Resolved, that it be referred to a Committee to examine 
by whom and by what means, the earl of Arundel, who, (as 
the House is informed) is a protestant, is detained in the 
parts beyond the seas ; and by whom, and by what right 
his inheritance here is withheld from hi in ; and to offer 
their opinion to this House, how the said earl may be res- 
tored to his estate and liberty. 

" Resolved, that the Committee shall have power to send 
for parties, witnesses, papers and records. 

" Resolved, that it be referred to the same Committee to 
examine the misdemeanours, the House hath been this day 
informed of, to have been committed by Mr. Henry Howard, 
brother to the earl of Arundel, at the first election of bur- 
gesses to serve in this present parliament, for the borough 
of Castle Rising in the county of Norfolk ; and at other 

* Burton, Diary, v. iv., p. 369. 



108 THE HOWARD PAPERS. 

elections of burgesses to serve for other places in this 
present parliament. "* 

A house divided against itself shall fall, saith the pro- 
verb ; and in that discordance of elements Mr. Howard 
found his safety from imprisonment, perhaps from greater 
persecution ; for among the several parties that composed 
the assembly, a royalist and a papist might expect to find 
few friends; and if there were any subjects that would 
bring the dissociating conglomeration to unity of action, 
they were probably royalty and romanism. The lament- 
able tale, therefore, of a protestant earl imprisoned abroad 
among priests and Jesuits, deprived of his lawful inheritance 
by catholic relatives at home, which had failed of its pur- 
posed effect on the deceased Protector, when united with 
political intrigue against the interests of parties in the 
Commonwealth who sat in judgment on the case, found 
sufficient sympathy to unite them in two resolutions entered 
on the journals of the House. On the 16th September, 
1659, it was — 

" Ordered, that it be referred to the Council of the State 
to take especial care that the earl of Arundel be speedily 
sent for and safely brought over into England, at the charge 
of the earl of Arundel ; and that the Council of State do 
take care that the order is speedily put in execution, "f 

This was followed by a resolution still more embarrassing 
to the intriguing papist who had ventured, by his borough 
influence, to introduce another active element of discord 
into the councils of the nation, to disturb the apparent 
calm, — that, while it imposed on the world, perhaps be- 
tokened a coming storm, — and to effect revolution by dis- 
union that seemed unlikely to be accomplished by accord. J 
On the 28th September, it was — 

* Burton, Diary, v. iv., p. 370. t Com. Journ., v. vii.,p. 779. 
t The lord Chancellor Hyde, writing to Mr. Fisher (Sir William Howard), 
said : " We have not yet found that advantage in Cromwell's death that 
we reasonably hoped; nay rather, we are the worse for it, and the less es- 



THE HOWARD PAPERS. 109 

" Ordered, that the estate of the earl of Arundel be se- 
cured, for the use of the said earl, into the hands of such 
persons as the Council of the State shall nominate, until he 
returns from beyond seas into England. And that a letter 
be written to the duke of Venice that the earl of Arundel 
be secured in his territories until he be sent for by the par- 
liament: that Mr. Thomas Challoner do prepare the said 
letter, and that Mr. Speaker do sign the same."* 

In other times than those unrecognised by law, this reso- 
lution might have brought on a lively contest between the 
courts of law and the " power of the mace." In the year 
1659, at the end of the month of September, if the autho- 
rity of the House of Commons was potent to command, the 
execution of its edicts was not so certain. f Mr. Howard 
had scanned the chances of events ; and if it were danger- 
ous to incur the anger of the irresponsible body he had 
aroused against himself personally, he perhaps felt, with 
Hotspur, that " out of this nettle — danger, we may pluck 
this flower — safety f for in the midst of the discord that 
reigned around him, the representative of the House of 
Howard was confidently looking forward to the good time 
to come ; and quietly planning the grandeur of his future. 
He had been to Saye's Court, to call upon his ingenious 
friend, Evelyn ;J and, "on the 17th October," notes the 

teemed, people imagining by the great calm that hath followed, that the 

nation is united, and that in truth the king bath very few friends 

I wish you were of the parliament yourself: however, you will early adver- 
tise us of what passes there; and I hope some confusion will fall out 
which must make open a door for us." Jan. 22nd , 16of. — Clarendon's 
Letters, v. iii., p. 422. 

. * Comm. Journ., v. vii., p. 789. 

+ On October 11th, Evelyn wrote: u The army now turned out the par- 
liament. We had now no government in the nation: all in confusion; no 
magistrate, either owned or pretended, but the soldiers, and they not agreed. 
God Almighty have mercy on, and settle us !" — Diary, v.L, p. 333. 

% His cousin, Sir John Evelyn, of Godstone, had been returned to Par- 
liament for Bletchingley, in Surrey, by the Howard interest. The manor 
of Bletchingley was the inheritance of Elizabeth Howard, daughter and 

H 



110 THE HOWARD PAPERS. 

diarist, " I paid a visit to Mr. Howard at Arundel House, 
who gave me a fair onyx set in gold, and shewed me his 
design for a new palace there. " # 

This little incident furnishes an indication of hope and 
confidence in the course of events, that can hardly be mis- 
taken: the Commonwealth was a wreck; its disjointed 
members vainly struggling against an ebb tide; and the 
year 1659 had not -expired when a probability of the re- 
establishment of the royal power was the spontaneous re- 
ward of long suffering, much disappointment, and fruitless 
intrigue on the part of the expatriated king. To Mr. Howard 
the restoration opened a vista that gave vitality to his 
ardent hopes, and might have gratified the desires of the 
most ambitious. The death of "the tyrant, Oliver," had 
not, as expected, united parties to the consummation de- 
voutly to be wished ; but the incapacity of his successor to 
wield the iron sceptre, united interests that only became 
cohesive from the absence of any other unity of purpose. 
In the words of one of the Howards, who played no unim- 
portant part in the back-ground, " Dick Cromwell sat in 
the saddle like an ape on horseback :"f — an undignified 

heiress of William lord Howard of Effingham. She married John lord 
Mordaunt, of Turvey, created earl of Peterborough by Charles the First. 
He renounced the errors of Popery, adopted the cause of the parliament, 
and in that interest was appointed General of the Ordnance; but died in 
1642. His widow, in 1648, settled the manor of Bletchingley, (with limi- 
tations in favor of her own family,) on her son Henry earl of Peterborough ; 
Henry earl of Arundel (father of Mr. Henry Howard) being one of the trus- 
tees. — Halstead, Succinct Genealogies, 1 685. Henry, earl of Peterborough , 
an active partizan of the king, in his troubles, was wounded at Newbury 
fight. He became a pervert to the faith of Rome, and adhered to the 
Stuarts in their subsequent misfortunes. By his wife, Penelope, daughter of 
Barnabas, earl of Thomond, he left an only daughter, who became duchess 
of Norfolk. * Diary, v. i., p. 333. 

t Letter of Mr. Fisher (Sir William Howard,) to lord Chancellor Hyde. 
— Clarendon's Letters, v. iii., p. 407. These, however, were hard lines for 
poor Dick Cromwell; who would have made a respectable cavalier; and is 
certainly chargeable with conspiracy in favour of Charles Stuart against 
his own Protectorate. 



THE HOWARD PAPER: 



111 



position that could hardly command respect, even if it could 
retain the saddle with contempt ; and amidst the most dis- 
cordant elements of faction, king Charles the Second returned 
to meet so many courtly faces, that, with smiles on his 
cheek, and in badinage that hardly concealed the contempt 
of his heart, — "he doubted it had been his own fault he 
had been absent so long ; for he saw no one who did not 
protest he had ever wished for his return ! " 

The " King's head " and the " Tumble-down-Dick " be- 
came the popular tavern signs ; and honest old Izaak W al- 
ton, — no irreverent or thoughtless observer of the times, — 
rushed into verse to hail the happy day ! 

The king! the king's return'd! and now 
Let's hanish all sad thoughts, and sing 
We have our laws and have our king ! * 

With more ambitious views, and from a totally different 
aspect, Mr. Henry Howard doubtless entertained senti- 
ments akin to those of the contemplative angler. He was 
preparing, perhaps, for the great event, when on the 7th 
April, 1660, in conjunction with the lady Anne, his wife, for 
the sum of three thousand two hundred and seventy pounds, 
he sold all that his undivided third part of the manor or 
lordship of Cryche, in the county of Derby ;f and in the 
same year, if not at the same time, in conjunction also 
with the lady Anne, he sold his third part of the manor of 
Shirland, in the same county.J 

It would not be just to say that Mr. Howard paid his 
early court to the restored king ; for he had been a friend 
to his majesty in his misfortunes, " in the time of the late 

* An humble Eclogue on the 29th May. 

t Add. MS. in B. M. Lib., No. 6705, fu. 6. 
i Ibid., fo. 102. The manors of Cryche and Shirland, were portion of 
the Talbot estate, which, on the decease of Gilbert, earl of Shrewsbury, 
without male issue, in 1616, became divisible among his three daughters, — 
Mary, countess of Pembroke; Elizabeth, countess of Kent; and Alathea, 
countess of Arundel. 

h2 



112 THE HOWARD PAPERS. 

usurpation, when he was necessitated to be in foreign parts 
in a banished condition ;"* and he greeted the restoration 
of royalty as a joyful occasion, that afforded a prospect of 
happiness to many friends, and perhaps of ambition to 
himself. He was present at the ceremony of the coronation 
on St. George's day, 1661, when, as representative of his 
family, he performed the service adjudged by the Court of 
Claims, to be due from the lord of the manor of Worksop,f 
in the county of Nottingham ; namely, to find a right-hand 
glove for the use of his majesty on that day; and to per- 
form the service which has been thus described : — 

" When the archbishop took the sceptre with the cross 
from off the altar, and was about to deliver it to the king, 
Mr. Henry Howard presented to his majesty a rich glove, 
which he put on his right hand, and then received the 
sceptre, the archbishop saying : " Receive this sceptre, the 
sign of kingly power, 8fc.;" and while the archbishop was 
pronouncing the prayer that followed : " O Lord, the 
fountain of all good things, 8fc," Mr. Howard performed 
the service of supporting the king's right arm, according as 
it had been adjudged to him by the Court of Claims; — 
and during the singing of the anthem, when the king took 
off his crown and delivered it to the lord Chamberlain to 
hold, and the sceptre with the dove to the earl of Albemarle, 
Mr. Henry Howard received from his majesty the sceptre 
with the cross, for the like purpose, which he continued to 
hold till near the end of the creed ; when his majesty re- 
sumed those insignia, and prepared for his descent from 
his throne towards the altar to receive the communion .... 

" And when the king returned to the fald stool, on the 

* Patent dated 27th March, 21 Car. II., creating Mr. Henry Howard, 
baron Howard, of Castle Rising. 

t This noble manor also came to the Howards by the marriage of 
Thomas earl of Arundel with the lady Alaihea Talbot. In this year, 1661, 
Mr. Henry Howard obtained a grant for a weekly market at Worksop. — 
prig. Bee, 13 Car. II., rot. 18. 



THE HOWARD PAPERS. 113 

north side of the altar, near the chair of state, he kneeled 
down and laid his crown upon the cushion before him 
towards his right hand, and the sceptre with the dove on 
his left, — he again gave the sceptre with the cross to Mr. 
Howard, who held it, kneeling on the king's right-hand ; 
the grand officers and the noblemen with the four swords 
naked and erect standing about him. Once ag-ain during 
the ceremony, when the king had returned to his throne 
and put off his crown, he delivered his sceptre with the 
cross to Mr. Howard. " # 

The exciting ceremony could hardly fail of its effect on 
a man of the temperament of Mr. Henry Howard. The 
proud spirit of his grandfather, the great earl of Arundel— - 
(whose hope, whose "only remaining comfort," he had 
been described)— revived within him as he beheld the 
gorgeous pageantry that attended the joyful event, and 
called to mind the rank and precedence lost to his family 
by the unhappy current of long passed events. The wish 
in him would doubtless have been father to the thought, 
had it not been an injunction he inherited, to embrace every 
opportunity of regaining lor the Howards their former 
status ; and now a vision of earthly grandeur was opened 
to his wishful gaze that out-topped the bravest in the land. 

Second son of an earl, himself without rank, nevertheless 

he saw, — in the distance it might have been, — but still he 

saw — in outline distinct as truth itself — the ducal coronet 

of his attainted ancestor descending upon his own pre^ 

sumptive brow; shadow of the past with all its fatal 

glory !— 

Come, let me clutch thee ! 

I have thee not; but yet I see thee still 
In form as palpable : — 

not rashly, however, nor with a rude hand ; — he laid his 

* Baker, Chron., p. 743; Kennett, Reg. and Chron., p. 420. The ser- 
vices of Earl Marshal were performed by James Howard, earl of Suffolk, 
deputy for the occasion. 



114 THE HOWARD PAPERS. 

plans with care, and prepared himself to abide his — hardly 
perhaps his distant — time. 

By the unhappy malady of the earl, his elder brother, 
Mr. Henry Howard was heir presumptive to the family 
honors ; and under the settlement made by his father to 
meet the afflicting circumstance, he was heir of the same 
contingency to the estates that should maintain their splen- 
dour. One among many, it was not he individually, or to 
appearance prominently, but " all the Howards," himself 
included , # that united in a petition to the restored fountain 
of honor and grace, for a revival of the forfeited dukedom 
in favor of his elder brother, — the poor maniac under per- 
sonal restraint at Padua. But he had been the prime 
mover of the appeal, and he was the person mainly interested 
in the result. The plan had been timely conceived, pru- 
dently conducted, and was crowned with success. The 
Howards once again became dukes If The same persever- 

* The petition, says Collins, was signed by James, earl of Suffolk; 
Thomas, earl of Berkshire; William, viscount Stafford; Charles, lord 
Howard of Charlton ; Edward, lord Howard of Escrick ; Henry, second son 
of the late earl of Arundel, Surrey and Norfolk; and Charles Howard of 
Naworth ; all lineally descended from Thomas duke of Norfolk, attainted 
the 15th Elizabeth; and other of the English nobility to the number of 
ninety-one. — Peerage, v. i., p. 153. The last named, afterwards earl of 
Carlisle, was the viscount Morpeth of Cromwell's creation : in the list of 
H. M. first Privy Council, he bore the title of " Col. Charles Howard," and 
was returned M.P. for Cumberland. 

t The following memoranda from the Journals will correct the prevailing 
mis-statements: 12 Car. II., 1660, Aug. 30, An Act for the restitution of 
the earl of Arundel to the dignity and title of duke of Norfolk, read first 
time; Sept. 5, second reading, — Committee appointed to examine the pre- 
sent condition of the earl of Arundel, and report to the House. Nov. 10 
and 12, additions to the Committee. Nov. 13, The marquess of Dorchester 
reported the Bill, which the Committee think fit to pass, with some altera- 
tions : that the Committee had examined several witnesses concerning the 
present condition of the earl of Arundel ; and their lordships were informed 
that the said earl is a perfect lunatick, and hath a constant physician with 
him ; that he lives in the best house in Padua, and hath twelve servants to 
attend him, and all things fitting for his quality : and the alterations being 
read twice, after debate, the Bill was ordered to be re-committed ; and that 



THE HOWARD PAPERS. 115 

ance and good judgment that had recovered to the family 
the long lost honor, was also directed to the emancipation 
of the family estates from the debts that misfortune, 
loyalty, and it has been said, " too sumptuous a taste for 
the fine arts," had contracted. 

From the year 1641, the trustees of Thomas earl of 
Arundel had done little towards the liquidation of the dead 
weight that in the " broken times " had absorbed so much 
of the revenue of his loyal family. In 1656, however, the 
interference of Mr. Henry Howard became practically 
available, when, at his request, Henry lord Pierpoint, by 
the name of Henry earl of Kingston and marquess of 
Dorset, resigned his interest in the premises to the other 
his co-trustees; and in the following year the manor of 
Washington and the estate there, was sold.* u Thus mat- 

the lord Viscount Stafford may have a copy of the same. Nov. 19, The 
marquess of Dorchester reported from the Committee, the Bill as fit to 
pass, with some alterations and amendments; which were read twice, and 
the Bill ordered to be engrossed. Ordered, that a Committee do attend 
the king to know his majesty's pleasure concerning the passing of the Bill. 
Ordered, that the present condition of the earl of Arundel be referred to 
the former Committee, and whether his lordship may be brought into Eng- 
land in safety in relation to his health. Nov. 22, Bill read third time and 
passed. Nov. 23, Message to the Commons with the Bill, desiring their 
concurrence. Ordered, that the Committee concerning the earl of Arun- 
del's business be defered till tuesday next, in the afternoon. Dec. 4, Mes- 
sage from the Commons, by Charles Howard, esq., who returned a Bill for 
restoring the earl of Arundel, &c, to which that House had assented. 
Dec. 17, Ordered, that the earl of Northumberland's report concerning the 
earl of Arundel be made to-morrow. Dec. 29, The king present: the duke 
of Norfolk's Bill received the royal assent. — Lords' Journals, v. xi. 

13 Car. II.. 1661, Dec. 14, Brought up from the Committee, by the lord 
Herbert and others, An Act to confirm an Act for the restitution of the earl 
of Arundel, to the dignity and title of duke of Norfolk; read first time. 
Dec. 17, read the second time, and ordered to be read the third time, in the 
afternoon. Read accordingly. Dec. 20, Royal assent. — Ibid. 

* Add. MS. in B. M. Lib., No. 6705, fo. 103. Wassington, situate iu 
the parish of Cryche, in the county of Derby, was part of the Shrewsbury 
estate, which came to the Howards by the marriage of Thomas earl of 
Arundel with the lady Alathea Talbot. — Lysons. 



116 THE HOWARD PAPERS. 

ters stood," says Blomefield, "until the 4th November, 
1660, when the trustees, jointly with and at the request of 
Henry Howard, esq., (who appears to have adopted the 
debts) conveyed the whole of the trust estate absolutely to 
other trustees and their heirs, to the intention that they 
should sell the whole or any part thereof, with the woods 
and timber, to raise money to pay all the debts of the said 
Henry Howard, with their own expenses in the affair; and 
that accomplished, the remaining surplus, whether in 
money or estates unsold, should be to the sole use of the 
said Henry Howard, esq. and his heirs, and of whomsoever 
he should assign it to." # Whatever may have been the 
particular incentive to this bold measure, some decided 
action was not beyond the necessity of the occasion ; for 
so clamorous had become some of the creditors, that about 
this time, John Dix,f representative of one of the earl of 
Arundel's original trustees, was sued for the payment of 
certain debts ; and the manor of Halvergate, in the county 
of Norfolk, to satisfy the claim, was then conveyed to the 
new trustees for absolute sale. J A trust that had existed 
for nearly thirty years, through a period of great adversity 
and depression for the royalists and their property, involved 
many claims with complicated interests; and it was several 
years, according to Blomefield's account, before the affairs 
had assumed a character that might be termed a final settle- 
ment. In 1669, however, at the request of Henry Howard, 

* Blomefield, Hist. Norf., v. i.,p. 240. 
t John Dix, alias Kamsey, of Wickmere, co. Norfolk, heir to his uncle, 
John Dix, deceased. — lb , v. ix.,p. 28. The same Dyx, probably, to whom 
the countess of Arundel referred as a confidential adviser of the earl her 
husband. — Ante, p. 58, n. William Dyx, of Wickmere, esq., was one of the 
family trustees at the time of the attainder of Thomas duke of Norfolk, by 
queen Elizabeth, in 1572. — Blomefield, v. i., p. 201. He is said to have 
been steward to the duke, and much esteemed by him. A letter, commen- 
cing " Farewell, good Dyx," written on the white leaf of a new testament, 
— the dying memorial of an attached master, — is still extant in possession 
of the duke of Norfolk.— Tiemay, p. 355. 

| Blomefield, Hist. Norf., v. xi., p. 105. 



THE HOWARD PAPERS. 117 

esq., then lord Howard, all those liberties called the ' duke 
of Norfolk's liberties,' were allowed by the king's Attorney- 
General, and exemplified under seal at Westminster ; and 
soon after, the debts being paid, the estate was again vested 
in the Howard family. # The magnitude of the operation 
may in some degree be estimated from a statement of Eve- 
lyn, who, seven years earlier, in 1662, had made the fol- 
lowing note in his journal: — "June 19, I went to Albury 
to visit Mr. Henry Howard, soon after he had procured 
the dukedom to be restored. This gentleman had now 
compounded a debt of two hundred thousand pounds, con- 
tracted by his grandfather."t 

"A very proud man," by the description of Pepys, "one 
who valued himself on his family, and wrote his name, 
Henry Howard, of Norfolk"^, would hardly have remained 
satisfied with the merely nominal ownership of the paternal 
acreage that gave to his family its earliest nobility of rank, 
and to himself the personal distinction he was proud to 
adopt. But beyond the lustre that usually attends posi- 
tion and ancestry, Mr. Howard had some reason to be 
proud : his ambition had not been more ostentatious than 
wise; honorable to himself and advantageous to the hopes 
of his family. He had redeemed the credit of two genera- 
tions ; and in the pride of life, with those natural endow- 
ments that had borne him in cheerful contentment through 
adverse times, he might well have planned a future of hap- 
piness for himself unalloyed. 

Leaves have their time to fall ; flowers to wither j 
Stars to set 

Thou hast all seasons for thine empire, death ! 

In the midst of his pride and success, a domestic afflic- 
tion befell him, that for a time, it is said, prostrated his 
energies, and, in the opinion of one of his "friends," proved 

* Blomefielcl, Hist. Norf, v. i., p. 240. 
t Diary, v. i.,p. 304. % Diary, v. iii., p. 347. 



118 



THE HOWARD PAPERS. 



a permanent loss to his honor and his reputation.* In 
this year, 1662, according to some of the authorities, — two 
years earlier, according to others,f — Mr. Howard had the 
misfortune to lose his wife, the lady Anne Somerset, mother 
of his young family; the eldest of five children being then 
eight years of age. 

She should have died hereafter; 
There would have been a time for such a word : 

but now, on the threshold of his better fortunes, the loss 
was great to him ; and his grief, 't is said, profound : he 
fell into the depth of a melancholy, that found its only 
relief in solitude and religious meditation. He retired, says 
Mr. Tiernay, to his cottage at PrincenhofT, and there placed 
his family. J 

Let us leave him to his sorrow ! 

* Evelyn. 

t Sandford, Edmondson, and some others, state the death of the lady 
Anne Howard to have occurred in 1660; Collins, his editors, and followers, 
in 1662; Sir William Dugdale, Garter king of Arms, who was indebted to 
the husband of the lady for his advancement, says nothing, either in his 
printed work or in his MS. additions. Sir Edward Walker, the predecessor 
of Dugdale in that office, biographer of Thomas earl of Arundel, and brought 
up in his service; who shared the loyalty of his house in action and in 
exile, made no record that has come to light : and as to the diversity of 
date, the fact appears to be, that the pedigrees of Howard and Somerset 
differ in their statement; so that a valuable pedigree of the Howard family, 
compiled from Heraldic sources, adopting the statement of each, represents 
the death of the lady Anne Howard to have occurred in both the years 
above mentioned. — Egerton MS. in B. M. Lib., No. 1075. 

X Hist, of Arundel, p. 515. The place of sepulture of the lady Anne 
Howard is even more undetermined than the date of her decease; for none 
of the authorities furnish any information. There is no record of her burial 
among the Howards; nor any inscribed memorial of her virtues or her hus- 
band's grief ; the gossiping diarists even are silent; and the only portrait 
of her known to exist, is an oval miniature, one of a group of portraits, on 
panel, of members of the Howard family, formerly belonging to the Domi- 
nican Convent of Bornholm, founded by Cardinal Howard. A tablet, in 
fact, of Founder's kin, whose obits, probably, were to be observed in the 
prayers of the house. It is now in possession of the duke of Norfolk. — 
Family Memorials, by Henry Hoicard of Corby, esq., fol. 1836. 



THE HOWARD PAPERS. 119 



CHAPTER III. 



Master Shallow, I am fortune's steward; 
Get on thy boots. 

And what is fame ? The meanest have their day. 
The greatest can but blaze, and pass away. 



the ducal line — continued. 

It matters little to the progress of this narrative whether 
Mr. Henry Howard became a widower in the year 1660 or 
two years later, excepting as it may affect the traditions of 
his family, or the presentation of attendant circumstances 
by the several narrators.* Credit may indeed be given to 
the mourner for a seasonable allowance of inward grief, 
beyond the display of an "inky cloak" or the " customary suit 
of solemn black ;" but it is contrary to the evidence of facts, 
that in either of the years named, Mr. Henry Howard 
buried himself from the intercourse of the world without ; 
or that he took so little interest in obtaining the restitution 
of the family honors, as merely to add his name to the 
petition to the king, and hasten on a foreign pilgrimage, 
like Harold from his rooted sorrow.^ On the contrary, 
his presence at the coronation was followed by his public 
interference on behalf of his depressed brethren of the 
Romish faith ; and if he had not already become the active 
head of the catholic party, his position and prospects made 

* Tiernay, Hist. Arundel; Collins, Peerage, ed. Sir Egerton Brydges; 
Fam. Mem. by Henry Howard of Corby, esq.; &c. &c. 

t Peerage, by the Rev. Alexander Jacob, chaplain to the duke of Chan- 
dos, fol. 1766, v. U, p. 122. 



120 THE HOWARD PAPERS. 

him its centre, and his roof the rallying point of its congre- 
gated action. A meeting of Roman catholics at Arundel 
House, in June, 1661,* sanctioned the earliest appeal to 
the restored monarchy, for the toleration of their creed; 
and the restoration of the dukedom to his imbecile brother, 
which rallied around him sycophants and flatterers that 
rank and influence always breed, f was followed by the 

* Tiernay, Hist. Arundel. On the 21st June, Sir Samuel Tuke, (a per- 
vert to the church of Rome) at the bar of the House of Commons, delivered 
two papers, and made a long speech on behalf of the Roman catholics. 
The petition, in which the petitioners " take hold of the king's declaration 
for a general indulgence," will be found in Kennett, Reg. §■ Chron., p. 476. 
Lord Arundel, of Wardour, presented likewise " two papers," and was the 
agent of the movement in the Lords. — lb, 

t Evelyn, who dined at Arundel House the day of the great success, 
took that occasion for presenting his "little trifle of Sumptuary laws, 
entitled Tyrannus." — Diary, v. i., p. 353. 

As the work was issued without dedication, its pages must be examined 
to entitle its author to the honors of the text. 

Tyrannus or The Mode, published in this year, 1661, was "A gentle 
Satyr," in which the writer "indulged himself the liberty of a prevaricator," 
and reproached his countrymen for their submission to the French Mode 
in dress. " That the monsieurs " he writes, "have universally gotten the 
ascendant over other parts of Europe, is imputable to their late conquests; 
but that only their greatest vanity should domineer over this kingdome, 

speaks us strangely tame That his majesty speaks French, is 

not so much to gratify the nation, as because he has title to it ; for though 
Louis the Fourteenth be the French Jiing, Charles the Second is king of 
France, &c." 

Having thus bombasted the English heraldic lion (starved in the late 
wars) with the lilly flowers of her neighbour's shield, Evelyn proceeds to 
advocate the ease and gracefulness of the Persian costume over that of the 
Court gallant in his " stiff pasteboard vest, with as much ribbon about him 
as would dress a maypole;" and, anon, returning to the courtier's office — 
adds, that " Those who followed the great Alexander held their necks awry, 
because he most inclined it on one side; and when his father Philip wore 
a fillet about his forehead for a wound he had received, all the Court came 
abroad with the like till the cure was compleat ; but we have a prince 
whose shape is elegant and perfect to admiration, so as I knoio not whether 
there was ever upon the throne a personage who had less need of art to 
render him more graceful, and whose mien makes all things to become him; 
and therefore certainly (of all the princes of Europe) the most fit to give the 



THE HOWARD PAPERS. 121 

more honorable advances of the Templars, who, associating 
him in distinguished companionship with the prince Rupert 
and other valiant cavaliers, conferred on him the honor of 
their brotherhood.* The interval also had been passed in 
a manner not less gratifying to his pride than distant from 
the passion of the recluse. 

It had been the custom, in times agone, for the earl of 
Arundel to "keep his state" for some portion of the year, 

standard now to the Mode we next expect, and not only to this nation, 
but to all the world besides. Alas ! — 

'Twas never merry world, 
Since lowly feigning was called compliment ; 

and sorry 'tis to see a man of unquestionable talent so far "surcease to 
honor his own truth," as to become a mere "sponge — to soak up the king's 
countenance." But of all Charles's foibles, least of his Court, perhaps was 
he susceptible of personal vanity; and several years had elapsed ere his 
majesty aspired to the deposition of the most christian king in the " tyranny 
of the Mode." " 1666. October 18. To Court," writes Evelyn, "it being 
the first time his majesty put himself solemnly into the Eastern fashion, 
changing doublet, stiff collar, bands and cloak, into a comely dress after 
the Persian Mode, with girdles or straps, &c. — resolving never to alter it." 
— {Diary, v. ii., p. 17.) — But his courtiers wagered with him to the con- 
trary ; and — they icon ! 

Evelyn had given his " Satyr " to the king to read. " I do not impute 
to this discourse," he adds, " the change which soon happened, but it was 
an identity that 1 could not but take notice of." — lb., p. 18. 

* Nov. 4, 1661, Prince Rupert, the earl of Cleveland, the lord Percy, 
the lord Berkeley of Stratton, with Henry and Bernard Howard of Norfolk, 
were admitted to the Society of the Inner Temple. — Dugd., Orig. Jurid., 
p, 158; Kennett, p. 555. Thomas lord Wentworth, of Nettlested, co. 
York, created earl of Cleveland by king Charles I., was a valiant cavalry 
officer, whose brigade had many a desperate encounter with the parlia- 
mentary troops. He died in 1667, when the earldom became extinct. His 
son, Thomas lord Wentworth, and son-in-law, the lord Lovelace, were like- 
wise in the same service. Sir John Berkeley, the valiant defender of Exeter 
for the king, youngest of the five knightly sons of Sir Maurice Berkeley 
of Bruton, was created lord Berkeley of Stratton, by Charles the Second. 
He died in 1678. Josceline lord Percy, was son and heir of Algernon, earl 
of Northumberland and his second countess, Elizabeth, daughter of Theo- 
philus Howard, earl of Suffolk, at this time about eighteen years of age. 
He was the last Percy, earl of Northumberland, and died at Turin in 1670, 
at the as:e of thirty-six. 



122 THE HOWARD PAPERS. 

at the ducal palace at Norwich ; but twenty years had 
elapsed since the sounds of revelry had been there heard, 
or the ancient city had beheld the pageantry of its noble 
patrons. Mr. Howard was early to renew the acquaintance, 
and the city to acknowledge obligations received. From 
the records of the Corporation, Blomefield recites: " 1660, 
August 29, the city having sent a letter to the right honor- 
able Henry Howard, son of the late earl of Arundel, ac- 
knowledging the many favors of his ancestors, and his own 
particular favor conferred upon them in introducing them 
to his majesty, and attending them as one of them, # this 
day received an answer assuring them that on all occa- 
sions he should take satisfaction in doing the city, or any 
particular member thereof, all the service he could, being 
ready at all times to stand up for the city's good.f 

The following year, continues Blomefield, "when the 
earl of Arundel was restored to be duke of Norfolk, orders 
were issued to every parish to ring the bells, to testifie this 
city's rejoycing for the same, out of respect to this noble 
family ;% and Mr. Howard acknowledged the mark of 
respect by a free gift of seventy pounds to the corporation 
funds. § 

In the summer of that year Mr. Howard was keeping 
open house at Albury. On the 19th June, Evelyn was 
there ; and after making a note of the composition of the 
earl of Arundel's debts by Mr. Howard, he adds, " I was 
very much obliged to that great virtuoso ; and to this young 
gentleman, with whom I staid a fortnight. 

* The Norwich address was presented on the 24th July. Kennett re- 
lates that the Mayor and citizens, on that occasion, presented his majesty 
with the fee farm rents of the city under their common seal, amounting to 
£132 18s. 3d. yearly, and £1000 in gold, as a testimony of their thankful- 
ness to God for his majesty's safe return to the government of the kingdom. 
—Reg.& Chron,p. 210. 

t Blomefield, Hist. Norf., v. iii.,p. 404. J Ibid. 

§ Ibid. 



THE HOWARD PAPERS. 123 

* July 2. We hunted and killed a buck in the park ; 
Mr. Howard inviting most of the gentlemen of the country 
near him."* 

On the 3rd July, the fortnight had expired ; the visitor 
took his leave, and his host accompanied him on the way. 

" My wife met me at Woodcot," writes Evelyn, "whither 
Mr. Howard accompanied me to see my son John, who 
had been much brought up amongst Mr. Howard's children 
at Arundel House ; till for fear of their perverting him in 
the catholic religion I was forced to take him home."t 

On the 1st of August the visit was returned: "Mr. 
Howard, his brothers Charles, Edward, Bernard and Philip, 
now the queen's Almoner, (all brothers of the duke of 
Norfolk, still in Italy) came with a great train and dined 
w T ith me; Mr. H. How r ard leaving with me his eldest and 
youngest sons, Henry and Thomas, for three or four days, 
my son John having been some time bred up in their father s 
house."! 

In this continuous series of proceedings, for business or 
for pleasure, there could have been no long retirement from 
the world, or any useless inaction or despondency. On the 
contrary, to a man of action the time for action had arrived ; 
and however the manly sorrow of the heart may have fur- 
rowed his brow, one so ambitious of honor and proud of 
station, so prudent a financier, a parent so careful, so sad 
a mourner, w T as hardly likely to abandon himself, on the 
one hand, to a hopeless despair, or on the other, to trample 
wantonly on the conventional decencies of social life : yet, 
if it be an ordinary law of nature that in the cycle of events 
extremes shall meet, it may become within the possibility 
of things that excess of grief shall lead to the recklessness 

* Diary, r. i., p. 364. 
t lb., p. 365. How long previously Evelyn's protestant fears Lad over- 
come his vanity does not appear; but at this time John Evelyn was eight 
years old, and Mr. Howard's eldest son of the same age* 

+ Diary, v. i., p. 366. 



124 THE HOWARD PAPERS. 

of folly ; and were credit to be given to the caqueterie of 
Evelyn, the regenerated mourner ran riot in the licentious- 
ness of an abandoned Court. 

The leave-taking described was perhaps indicative of a 
home disturbed — a household broken up; and young as they 
were, the two sons of Mr. Howard, under the charge of a 
tutor, were about to proceed to Paris. Evelyn, who was 
consulted on the matter, had an opportunity of exercising 
a little patronage ; # and in the following year, when Mr. 
Howard had himself sought foreign scenes, the same diarist 
made a note: " 1664, July 14th. I went to take leave of 
the two Mr. Howards, now going for Paris, and brought 
them as far as Bromley. "f 

* In a letter to Mr. Ci oone, professor of Ehetoric at Gresham College, 
dated from Saye's Court, July 11th, 1663, Evelyn writes : " It has neither 
proceeded from the unmindfulness of your desires or your deserts that I 
had not long before this gratified your inclinations in finding you out a 
condition, which it might become you to embrace, if you still continue 
your laudable curiosity, by wishing for some opportunity to travel and see 
the world. There have passed occasions, (and some which did nearly con- 
cern my relations) when I might happily have engaged you; but having 
long had a great ambition to serve you, since I had this in prospect, I 
rather chose to dispense with my own advantages that I might comply 
with yours. My worthy and most noble master, Mr. Henry Howard, has, 
by my cousin Tuke, signified to me his desires of some fit person to instruct 
and travel with his two incomparable children ; and I immediately sug- 
gested Mr. Croone to them, with such recommendations and civilities as 
were due to his merits, and as became me. This being cheerfully embraced 
on their part, it will now be yours to second it. All I shall say for your 
present encouragement is but this : England shall never present you with 
an equal opportunity ; nor were it the least diminution that Mr. Croone, 
or indeed one of the best gentlemen of the nation, should have the tuition 
of an heir to the duke of Norfolk, after the royal family the greatest prince 
in it. But the title is not the thing I should invite you to, in an age so 
universally depraved amongst our wretched nobility. You will here come 
into a most opulent worthy family, and in which I prognosticate (and I 
have it assured me) you shall make your fortune, without any further de- 
pendances : for the persons who govern there have both the means to be 
very grateful, and as generous a propensity to it as any family in England 

" — Diary and Correspondence, v. iii., p. 138. 

t Diary, v. i., p. 380. 



THE HOWARD PAPERS. 125 

In 1663, Mr. Howard paid, probably, his first state visit 
to Norwich. He dined in public with the Mayor and Cor- 
poration on the gild-day ; # and on that occasion presented 
the city with "a bason and ewer worth sixty pounds. "t 

That was a great day in St. Andrew's Hall : a new era 
had commenced with the " miraculous " restoration of the 
monarchy,! and the re-erection of the monarchal emblems : 
the "dark days" of puritan rule had given place to a 
relumined municipality that shone the more brilliant from 
the contrast ; and the donation of Mr. Howard seemed to 
say, "let us wash our hands of the past," and go forward 
in loyalty, and faith in the future. The loving cup cemented 
the pleasing compact ; Mr. Mayor complimented his guest 
on the happiness of renewed intercourse with a noble family, 
to whose princely hospitality and patronage the city had of 
yore been so much indebted ; and recalled the time when 
the noble hall in which they were assembled had been 
derived to the city by the intervention of his illustrious 
ancestor. On his part, the happy guest gave promise of 
all that might be desired — (and much he performed) — the 
impulse of an excited and expansive imagination had al- 
ready planned great things for Norwich ; indeed, wherever 
fate or fortune led him, whether as an exile from his native 
land, to erect a humble cottage for his moderated expecta- 
tions, or under brighter circumtances to become tenant of 
a palace in the city of his ancestral pride, an active spirit 
was ever stirring within him. Albury received his earliest 
attention : a new palace, (never to be erected !) on the site 
of Arundel House had been plotted and designed : and 

* Tuesday before midsummer. — Blomefield. 
t Ibid, v. HI, p. 405. It is gratifying to be able to state that the 
"Howard plate" is still retained by the Corporation, among the valuable 
ornaments of the side-board, on the festivities of the mayoralty ; that having 
survived the vicissitudes of nearly two centuries, there was sufficient con- 
servative reverence for antiquity to resist the sordid utilitarian temptations 
of the melting-pot that accompanied the municipal re-formation of our 
own day. $ City Records. — Ibid, 

I 



126 THE HOWARD PAPERS. 

now the ducal palace at Norwich, extensive, without con- 
venience ; vast, without magnificence (and comfort had not 
as yet in these lands invaded the fanciful regions of luxury) 
— suggested to his enlarged views, alterations necessary to 
his wants, if not improvements dictated by taste. It is 
even to be suspected that his natural generosity, had even 
anticipated, in some degree, the philanthropy of modern 
times, in providing an elegant promenade and recreation 
ground for the entertainment of his friends and neighbours. 
Writing, towards the end of the same year, a native journalist 
observes, "This Mr. Howard hath lately bought a piece 
of ground of Mr. Mingay, in Norwich, by the water side, 
in Cunsford, which hee intends for a place of walking and 
recreation, having made already walkes round and crosse 
it forty foot in bredth : if the quadrangle left be spacious 
enough, he intends the first of them for a bowling green ;* 
the third for a wildernesse; and the fourth for a garden. f 
These and the like noble things he performeth, and yet hath 
paid one hundred thousand pounds of his ancestors' debts." J 

Here also Mr. Howard kept his Christmas, with the true 
old English hospitality, and a grandeur that became the 
noble house he represented, and the high station to which 
himself aspired. Some particulars of these Norwich revels 
have been preserved by the journalist last quoted, a par- 
ticipator of the festive scene. 

"January 1, 166f," writes the young physician, "I was 
at Mr. Howard's, brother to the duke of Norfolk, who kept 
his Christmas this year at the duke's palace in Norwich, so 
magnificently as the like hath scarce been seen. They 

* There was a covered "bowling alley," as well as a tennis court and a 
theatre, attached to the ducal palace; "among private houses," says Fuller, 
" the greatest I ever saw in any city out of London." — Engl. Worthies. 

t Some progress had already been made in it: "January 16, 166f, I 
went to see Mr. Howard's garden at Cunsford." — Broiune's Journal. It 
was long afterwards known as " My lord's gardens." 

% Journal of Edward Browne. — Sloan MS. in B. M. Lib., No. 1906. 



THE HOWARD PAPERS. 



127 



had dancing every night, and gave entertainments to all 
that would come. Hee built up a roome on purpose to 
dance in, very large, and hung with the bravest hangings I 
ever saw; his candlesticks, snuffers, tongues, fireshovels 
and andirons, were silver. A banquet was given every 
night after dancing ; and three coaches were employed to 
fetch ladies every afternoon, the greatest of which would 
holde fourteen persons, and coste five hundred pound with- 
out the harnasse, which cost six score more. 

" January 4. I went to Mr. Howard's dancing at night ; 
our greatest beautys were Mdm. Elizabeth Cradock, Eliz. 
Houghton, Ms. Philpot, Ms. Yallop : afterwards to the 
banquet, and so home. Sic transit gloria mundi ! 

"January 5, Tuesday. I dined with Mr. Howard, where 
wee dranke out of pure golde, and had the music all the 
while,* with the like, aunswerable to the grandeur of so 
noble a person. This night I danced with him too. 

" January 6. I made an ende at Christmas at the duke's 
palace, with dancing at night, and a great banquet. His 
gates were opend and such a number of people flock'd in, 
that all the beere they could set out in the streets, could 
not divert the stream of the multitudes till very late at 
night."f 

Hie finis, Sfc. But such had been the effect of the 
beauty of the ladies on the sensitive journalist, that he had 
been brought to a Latin climax ere the festivities had well 
begun. J There was yet a birthday to be celebrated, an 

* Mr. Howard was a patron of music and its professors : " 1662, Jan. 11. 
I dined at Arundel House/' writes Evelyn, " where I heard excellent music 
performed by the ablest masters, both French and English, on theorbos, 
viols, organs, and voices, as an exercise against the coming of the queen, 
purposely composed for her chapel." — Diary, v. L, p. 360. 

t Edward Browne's Journal. Printed in Sir Thomas JBroivne's Works. 

% Mr. Browne's gallantry, however, and his admiration of the fair sex, 
was rather patriotic than universal. A few months later he visited la 
belle France. " T was not sick at all," he writes, " in going over from 
Dover to Calais; yet could hardly forbear sp — ing at the first sight of the 

i2 



128 THE HOWARD PAPERS. 

interchange of visits to be undergone, and further oppor- 
tunities for the display of his excellent constitution of leg 
in a galliard. Let us imagine the embryo Court medecin 
advancing his virtues in a flame-coloured stock, attended by 
" little Mr. Fox, (heir to Mr. Fox, of London) who danced 
a jig incomparably;" and " Mons. Buttet, which playes 
most admirably on the flagellet, bagpipe and sea trum- 
pet"* 

"January 11. This day being Mr. Henry Howard's 
birthday ,f we danced at Mr. Howard's till two of the clock 
in the morning. 

"January 13. This day I met Mr. Howard at my uncle 
Bendish's, where he taught me to play at Vhombre, a 
Spanish game at cards." 

On the 21st January, the young physician shewed Dr. 
de Veau about the town, and supped with him at the duke's 
palace; where, adds the journalist, "he shewed me a pow- 
der against agues,J and related to mee many things con- 
cerning the duke of Norfolk that lives at Padua non com- 
pos mentis?' 

On the 23rd, Don Francisco de Melo§ arrived from 

French women." He was no admirer of les belles et charmantes brunettes : 
" they are most of them/' he adds, "of such a tawny, sapy, base complexion, 
and have such vgly faces, which they here set out with a dresse that would 
fright the divell." — Journal. 

* " A long three-square instrument having but one string." — Browne. 
An old writer affords the following description : " La trompette marine, est 
une instrument de musique haut de quatre ou cinq piez, triangulaire, ou 
rond d'une forme qui tient de la piramidale, compose d'un on de deux 
chevalets d'une corde, d'une rose ou deux, d'un manche et d'un corps de 
bois resonnant, qui se touche avec l'archet et qui imite les chants et les 
sons de la trompette ordinaire." Mr. Buttet's abilities are not to be slightly 
appreciated, for the writer adds : " II y a peu d'horames qui jouent bien 
de la trompette marine. — JRichelet, Diet. 1693. 

t Eldest son of Mr. Henry Howard, then ten years of age. 

t Fuller tells that the Norfolk proverb, " He is arrested by the baily of 
Marshland," had reference to the prevalence of agues in that county. — 
Engl. Worthies. 

§ Conde de Ponte, Ambassador from the Court of Portugal. He came 



THE HOWARD PAPERS. 129 

London, with Mr. Philip Howard, the queen's confessor, 
on a visit to his honor, Mr. Henry Howard. 

" January 28. At night wee had a dancing at Mr. 
Houghton's, with Mr. Henry Howard, his brother Mr. Ed- 
ward, and Don Francisco de Melo. Wee had sixe very 
handsome women, Ms. El. Houghton, Ms. El. Cradock, 
Ms. Philpot, Ms. Bullock, Ms. Shadweli, and Ms. Tom 
Brooke ; wee staid at it till almost four in the morning. 

" February 13. Wee drew Valentines,* and danced 

Into England, says Kugge, in 1662, (at the same time as the queen's 
majesty,) with a noble retinue, and lay at Wild House, in Wild Street, 
Tieere Lincoln's-Irm-Fields. — MS. Diary, v. ii., p. 343, Evelyn says, he 
was a kinsman of the queen; a person of good parts and a virtuous man. 
— Diary, v. v., pp. 23, 81. 

* Misson, in his travels in England, cited by Brand (Pop. Antiq.) des- 
cribes the custom of drawing for Valentines on the eve of the Saint; and 
the eve is still observed at Norwich with much ceremony. Pepys, frivolous 
and happy, who enjoyed life in all its pbases, writes : " 1661, Feb. 13. We 
chose valentines against to-morrow." — Diary, v. i., p. 191. The custom was 
for each person of the company to draw a real or fictitious character (and 
of the former, as it seems, present or absent) of the opposite sex, by which 
means Cupid's election made a double return. This happy position is noticed 
by Pepys, who writes, that although little Will. Mercer was his wife's valen- 
tine, (who brought her name writ upon blue paper in gold letters, done by 
himself, very pretty); yet he also was her valentine, and that it would cost 
him four or Jive pounds. — Diary, v. Hi , p, 403. On Shrove Tuesday, March 
3, 1663, he notes : " Mrs. The. shewed me my name upon her breast as her 
valentine, which will cost me 20s." — lb., v. ii., p. 123. On another occa- 
sion, his wife challenged Mr. Hill for her valentine, having drawn him ; and 
"by and by comes Mrs. Pierce with my name in her bosom for her valen- 
tine, which will cost me money." — lb., v. hi., p 157. In 1667, " I find," 
says the journalist, " that Mrs. Pierce's little girl is my valentine, she having 
drawn me." — lb., v. iii., p. 404. At the same time, Knipp challenged him, 
for her valentine; and after that, perhaps some understanding with Mrs. P. 
became necessary ; hence he notes that " he had agreed to be his wife's 
valentine every year." — lb., v. iv., p. 354. Nevertheless, he gracefully ful- 
filled his honorable engagements; and, when his cousin Turner drew him 
the following year, he took her to the new Exchange and bought her a pair 
of green silk stockings and garters and shoe strings, and two pairs of jessimy 
gloves, all coming to about 28 shillings. — lb., v. v., p. 112. 

As the valentine, in a former age, was certainly equivalent to an affianced 
lover (See Boston Letters, v. ii., pp. 208, 210J the gift was in the nature 



130 THE HOWARD PAPERS. 

this night at Mr. Howard's. Hee was gat by Ms. Liddy 
Houghton, and my sister Betty by him."* 

Pleasure and study had gone hand in hand with Mr. 

of a penalty for breach of promise. Sir Richard Deering places among his 
expenses for the year 1651, "twelve pairs of gloves given my valentine, 
lady Palmer, £l 12 0. — Household Booh. By custom, the valentine must 
"redeem his mistress, that is to say, make her a present before Midlent 
Sunday, or he would be burnt in effigy on that day." — Hampson, Medii 
JEvi Kal., v.l, p. 163. On the 18th February, 1660, Pepys, to redeem 
his pledge, accompanied by his wife, took his valentine, Mrs. Martha Bat- 
ten, to the Exchange, and there, upon a payre of embroydered and six 
payre of plain white gloves, he laid out forty shillings upon her ; and on 
the 24th, he notes : " My valentine had her fine gloves on at church to-day 
that I did give her." — Diary, v. i., p. 194. Where the lady was mercenary, 
the redemption assumed costly proportions. In noticing Mrs. Stuart's 
jewels, Pepys says, "The duke of York, being once her valentine, did give 
her a jewel of above eight hundred pounds; and my lord Mandeville, her 
valentine this year, a ring of about three hundred pounds. — lb., v. iv., p. 25. 
Mr. Hampson tells that on some account or other, St. Valentine's Eve 
incurred the displeasure of the Puritans, by whom, with other remnants of 
popery, it was solemnly denounced. — Medii JEvi Kal., ut supra. 

* Browne's Journal.— Sloan MS. in B. M. Lib., No. 1906. Mr. Ed- 
ward Browne was son of Dr. Thomas Browne, of Norwich, afterwards 
knighted, author of several well known works. At this period, Mr. Ed- 
ward Browne was about twenty-two years of age, and just commencing the 
practice of his father's profession. On the 16th February, he notes: "I 
went to visit Mr. Edward Ward, an old man in a feaver, where Mrs. Anne 
Ward gave me my first fee, ten shillings." The memoranda of his Christmas 
gaieties are interwoven with notes of his professional studies : " January 
2, I cut up a bull's heart and took out the bone, &c. Jan. 7, I opened 
a dog. Jan. 9, 1 dissected another bull's heart. Jan. 12, 1 cut up a turkey's 
heart. Jan. 22, I went to Lowe's, the butcher, where I saw a sheep cut 
up. Jan. 23, I boyled the right fore-foot of a munkey, and took out all 
the bones, which I keep by mee. In a putbone, the unfortunate casts are 
outward, the fortunate inward. Jan. 28, I went to the butcher's to see 
oxen killed. Jan. 29, I cut up an hare, &c. &c." Mr. Browne took his 
degree of M.D. at Cambridge; became Court physician, and in the judg- 
ment of Charles the Second, was " as learned as any of the College, and as 
well bred as any at Court." With this reputation he became physician to 
Bartholomew's Hospital, and President of the College of Physicians. A 
recent biographer says, "his remarks are distinguished by their accuracy, 
and have stood the test of time."— -Rose, Biog. Diet. Dr. Edward Browne 
died at Greenhithe, in Kent, August 27, 1108.*- Annals of Q. Anne. 



THE HOWARD PAPERS. 131 

Browne, and having absorbed all the surgical knowledge 
to be acquired of the butchers in Norwich, he prepared for 
rather a hasty course of study in the metropolis. On the 
22nd February he set out for his journey to London, where 
he attended three anatomy lectures at Chirurgeons' Hall ; 
ate for his dinner " a Wood-street cake, which are famous 
for being well made;" # and on the 2nd March, having 
received from Mr. Fox, at Arundel House (father of the 
incomparable jigmaker) letters for his honor, Mr. Henry 
Howard, at Norwich, he took horse at the George, in 
Lumbard-street,f and gat to Chelmsford that night, travel- 
ling twenty-five miles through that pleasant county, Essex," 
acquiring knowledge by the way. j On the 4th March, he 
continues, " I gat to Norwich about eleven of the clock, 
and in the afternoon waited upon Mr. Howard, and de- 
livered to him his letters. "§ 

It is not proposed to put in evidence that correspondence. 
It will be sufficient to suggest that one of those letters pro- 
bably called Mr. Howard thence ; and within a week the 
festivities of the ducal palace had given place to suites of 
dreary oak-panelled apartments unoccupied; a "Pranketing 
room," desolate of revelry ; and chambers with their ceiled 
and "foulding bedsteads standing on yellow leather car- 

* Great Wood Street (Cheapside) is a street well built and inhabited, 
and noted for the good cakes here made; which are wont to be bought 
here for weddings, christenings, and twelfthnights. — Stoic, Survey of Lon- 
don, B. iii., p. 91, eel. Strype. 

t An ancient inn, mentioned by Stow as a common hostelry for travel- 
lers. It was burnt down at the fire of London; and after its restoration, 
associating, not the Phoenix as an emblem of its revival; but of the des- 
troying element, merciless in its ravages, it became known as the George 
and Vulture, which has been lately rebuilt for private uses; and the inn 
yard alone marks the locality and preserves the name of the ancient George, 

% His "country remedy" for the jaundice surpasses even his own 
" magical cure " for the same complaint, and perhaps equals anything to be 
found in the unreformed Pharmacopoeia of the College or the Dispensarv 
of the empiric. 

§ Browne's Journal. — Sloan MS, 



132 THE HOWARD PAPERS. 

pets/' tenantless of sleepers. On the 10th of the month 
Mr. Browne was examining the closet of the absent owner, 
where he saw a great number of delicate limnings, numer- 
ous articles of taste, and many choice and some matchless 
carvings in ivory, agate and other fine stones, worthy so 
noble a person's collection. 

Another letter, perhaps, was from his friend, the Count 
Lesley, with an invitation to foreign travel : a rare oppor- 
tunity, arising out of the politics of the day, offering the 
convenience of visiting scenes of more than ordinary in- 
terest. 

Modern history furnishes parallels of Machiavelian policy 
that were wanting to ancient chivalry or the simple prowess 
of arms. A conqueror might, and did usually, dictate to 
his enemy : the exception has been reserved for emperors 
alone, (of great and noble minds ! ) upon the field of con- 
quest, to sue for peace. Thus the victory of St. Gothard, 
gained by the general de Montecuculi over the Turkish 
army, had only been productive of negotiation ; and a 
magnificent embassy, with the count Lesley at its head, 
was about to be dispatched by the emperor Leopold to 
Constantinople, for the purpose of adj usting the terms of a 
lasting peace.^ The count Lesleyf had been known to 

* Mahomet does not appear to have been very desirous to treat. After 
two months, occupied in negotiation, the embassy returned with a truce 
for twenty years. 

t Walter count Lesley, was a scion of the ancient baronial Scottish house 
of that name, whereof several members distinguished themselves and ac- 
quired additional honors in the service of the Stuart kings, Charles the 
First and Second, namely, John, duke of Rothes, Alexander, earl of Leven, 
Patrick, baron Lindores, and David, baron Newark. 

Walter Lesley was born in 1606, and at an early age went to Germany, 
where he carried arms in the service of the emperor, and was rewarded with 
the rank of Field Marshal ; became a Counsellor of State, and a Count of the 
empire. The count Lesley died at Vienna 4th March, 1667, at the age of 
sixty-two. An account of his embassy to Constantinople was written by 
his confessor, the Jesuit, Paul Tuiferner. — Bayle, Diet. Historique. 

Besides the ancient friendship, there was a family connection. Alexander 



THE HOWARD PAPERS. 133 

Thomas earl of Arundel while a sojourner in Germany; an 
intimacy had grown up between them ; and the grandson 
of the earl now gladly availed himself of the ancient friend- 
ship to accompany the ambassador, and gratify a desire of 
seeing the capital of the eastern world. # In addition to 
the kettle-drums and trumpets that attended the cavalcade, 
Mr. Howard had his own recorderf to note the passing scene. 
The honorable treatment he received at the Imperial Court, 
and the distinction with which he was everywhere enter- 
tained, have been the subject of an able pen ; arid some 
years later was given to the public with a dedication to his 
son. J From the relation of Mr. Burbury, it is ascertained 
that the distinguished traveller, in company with his noble 
brother, Mr. Edward Howard, set forward from London on 
Tuesday, the 21st February, 1664,§ about one of the clock 
in the morning, and arrived at Dover that night, on his 
way to Vienna. The month of May had arrived, before the 
embassy, with its two hundred waggon loads of baggage 
for convenience or display, was prepared to start : it was 
September ere they reached the capital of the Sultan, and 
the 21st December when the travellers bade adieu to the 
mysterious fascination of the city of eastern romance. 

In March, 1665, the embassy had returned to Vienna, 
and Mr. Howard proceeded direct to London, in a frame of 
mind invigorated by travel, and excited by the adulation 
he had received. If for the moment he became the observed 
of all observers at the gay Court of his own sovereign, it 

Lesley, second earl of Leven, who died in 1664, married Margaret, daughter 

of Sir William Howard, brother of Charles Howard created earl of Carlisle. 

* Collins, Peerage, v. i. ; Tiernay, Hist, of Arundel. 

t Hamlet, act iii., sc. 2. 

% Relation of a journey of the Right honorable my lord Henry Howard, 

from London to Vienna, and thence to Constantinople, in the company of 

count Lesley, Knight of the Order of the Golden Fleece. Dedicated to the 

honorable Henry Howard, eldest son of my lord Henry Howard. By John 

Burbury, Gent., 1671. At the date of the Journey, these honorable titles 

would not apply. § 1G6|. 



134 THE HOWARD PAPERS. 

could only have been the natural result of the expedition 
he had undertaken, the dangers he had encountered, and 
the marvels he had witnessed at the Court of the Sultan, 
Mahomet the Fourth. Had his disposition been of that 
indiscreet and frivolous order that flutters in intrigue, 
doubtless with the prestige he had acquired, he might have 
contested, not without a prospect of success, some one of 
the fair — and frail — prizes, for whom many sighed and 
some fought. But his ambition was not of that ephemeral 
cast ; however much he courted honors or valued the posi- 
tion of his ancestors, Mr. Henry Howard was not deficient 
of those natural domestic qualities that could appreciate 
the sterling happiness of a virtuous home beyond the 
pleasures of a life at Court, — a feature most observable 
throughout his life. Besides, had he honors in the proba- 
bility of the future, they were not of the present; and 
much as he had husbanded the resources of his family, his 
wealth was dependent on the same contingency. Indeed, 
ten years later, — still waiting in expectancy his presump- 
tive inheritance, and restrained in his generous sympathy 
with the ambitious views of his kindred, — he wrote to his 
brother the Cardinal : " You know my condition, and how 
I am tied up with entails, &c, whilst the duke of Norfolk 
lives, who is likelyer to do so longer than I, else I had 
more elbow room." # It was not, therefore, without his 
usual cast of prudence, or an eye to the domestic happiness 
he sought, and appears to have found, — that he made his 
selection and told his second tale of love in secret. Like 
Sir Peter Teazle, he chose with caution, but, unlike that 
antiquated fop, he was not deceived in the result. The tie 
that bound him at the beginning, increased in faith with 
his years, and ended in entire confidence or uxorious sub- 
mission. 

From the time when the lord Hamlet became enamoured 

* Ofig. at Norfolk House.— Tiernay, Hist, of Arundel. 



THE HOWARD PAPERS. 135 

of the fair daughter of the chamberlain of his uncle's royal 
Court of Denmark, dramatists with happier results, have 
rejoiced in the portraiture of maidens of lowly birth, with 
beauty for their only dowry, receiving the honors that 
nature had formed them to adorn. There is no novelty, 
therefore, nor any new or striking effect to be drawn from 
the simple fact, that Mr. Henry Howard, a widower in the 
thirty-seventh year of his age, " fell into such a liking/' as 
honest Izaak would have said, " as, with her approbation, 
ripened into a love — and at last to a marriage too — with 
a young gentlewoman," — whose father held an appointment 
in the royal household. 

The intimate relations of the Howards with the wine 
cellar have been referred to, and are unquestionable. In 
this particular, whether the manor of Kenninghall may be 
chargeable with the introduction of Mr. Howard to the 
family of his deputy in the service of the Botelry, it is 
needless to inquire ; but the young lady is described to 
have been daughter of Robert Bickerton, esq., or as some 
say, Sir Robert Bickerton,* — gentleman of the wine cellar 
to his majesty king Charles the Second ;f and her grand- 
father was James Bickerton, esq., lord of Cashe, in the 
kingdom of Scotland. 

Such was the lady in rank and lineage. If the alliance 
required apology, it had been anticipated by Walton, on 
the occasion quoted ; for " love," quoth he, " is a flattering 
mischief, that hath denied aged and wise men a foresight 
of those evils that too often prove to be the children of that 
blind father, — a passion that carries us to commit errors 

* Henry Howard of Corby, esq. — Family Memorials, 1836. 

t " Sometime yeoman of the cellar at Whitehall, or some such office." — 
Egerton MS., 1075. Her mother was Amice, daughter of Robert Hester, 
of the county of Oxford, gentleman, and his wife Amice, daughter of Richard 
Andrews, gent. Her paternal grandmother, Anne, daughter of Geoffrey 
Stanhowe, of the county of Norfolk, esq. — Ibid. The same MS. gives the 
coat of Bickerton, viz., Az. an eagle displayed gu, beaked S. 



136 THE HOWARD PAPERS. 

with as much ease as whirlwinds remove feathers, and 
begets in us an unwearied industry to the attainment of 
what we desire/'* In the present case, however, the apo- 
logy had not the same obligation of necessity ; Mr. Howard 
had none to consult in duty, — or in opinion, save the voice 
of cast, which he might either brave or deceive ; — it might 
be that, for a season, he found it convenient to adopt the 
latter course. 

Mrs. Jane Bickerton was a young lady of surpassing 
beauty, in the twenty-first year of her age, when, in 1665, 
she became the fiancee of Mr. Henry Howard. As duchess 
of Norfolk, her portrait was painted by that celebrated 
ladies' artist, Sir Peter Lely, and testifies great nature's 
claim to the station she acquired.-j- 

For reasons that have not been explained, but may per- 
haps be obvious in the condition of his affairs, his ambitious 
view r s at Court and a political deference to its social atmos- 
phere, (particularly if his majesty had advised on the mat- 
ter) Mr. Howard thought it convenient to keep his do- 
mestic arrangements, for several years, a secret from the 
world. If there be truth in the "scandalous story, which 
Evelyn, and I believe," says Mr. Tiernay, " Evelyn alone, 
has given to the world, "J he even found it necessary or 
advisable to reverse the injunction of Hamlet: — 
Assume a virtue if you have it not; 

and to affect a character to his " friend " belied by his 
own actions and his own written words. 

* Life of Dr. Donne, dean of St. Paul's, 
t A beautiful engraving, from the painting of Sir Peter Lely, bears the 
name of Richard Collin, chalcog. regis, sc. Bruxelles, 1681. — Grainger, 
Biog. Hist. Another, from the burine of Adam Bloteling, has the same 
place and date. The tablet of Founders kin, from the convent of Bornholm, 
before described, (p. 118,) which contains miniatures of Henry duke of 
Norfolk and his two wives, represents the second duchess " with a bushy 
head-dress of hair and flowing locks over her shoulders." — Mem. of the 
Howard Fam. by Henry Howard of Corby, esq. 
X Hist, of Arundel. 



THE HOWARD PAPERS. 137 

Six years had elapsed, and Mr. Howard had been ad- 
vanced to the peerage, when Evelyn became the confiden- 
tial recipient of the idle talk, which ("my lord and I, being 
alone," he says,) "he alone has given to the world." 
" Discoursing of several of his affairs," writes Evelyn, my 
lord told me, " that though he kept that idle creature, 
Mrs. B., and would leave £200 a year to the son he had 
by her, he would never marry her; and that the king 
himself had cautioned him against it. # All the world knoivs 
how he kept this promise; and I was sorry at heart to hear 
what now he confessed to me ; and that a person and a 
family which I so much honored for the sake of that noble 
and illustrious friend of mine, his grandfather, should dis- 
honor and pollute them both with those base and vicious 
courses he of late had taken, since the death of Sir Samuel 
Tuke,f and that of his own virtuous lady (my lady Anne 

* Charles the Second possessed greater discrimination, and more in- 
tegrity in respect of women, than is usually attributed to him. If the king- 
had not cautioned his brother, the duke of York, in reference to his entan- 
glement with the "scraggy" Anne Hyde, he nevertheless insisted, that 
" he must drink as he had brewed ;" and they were privately married at 
Worcester House, about a month before the birth of the eldest son ; " having 
been contracted," as the apology went, "at Breda some months before.'" 

+ Samuel Tuke, of Cressing Temple, co. Essex, was a colonel in the royal 
army during the civil war, and afterwards, being one of those who attempted 
to form a party in Essex for the king, narrowly escaped with his life. He 
had become a convert to Rome before the restoration (Evelyn, v. iii., p. 
108); and, in 1664, married Mary Sheldon, one of the queen's dressers, 
daughter of Edward Sheldon, of Ditchford, co. Warwick, esq. She died in 
1666, about two years after Colonel Tuke had been rewarded with a baro- 
netcy. In 1668, Sir Samuel married a second lady, unnamed by Evelyn, 
and passed over by Sir Bernard Burke (Ext. Baronetage) ; but she was 
the mother of his sou and heir, the second baronet, whose christening 
(1671, July 19.) at Somerset House, is noticed by Evelyn; a popish priest 
officiating, "with many odd ceremonies," the king and lord Arundel of 
Wardour being sponsors. — Diary, v. ii., p. 62. It was probably the second 
lady Tuke (and not Mary Sheldon) who was " kinswoman to the lord 
Arundel." 

Sir Samuel Tuke died at Somerset House, January 26, 1673; and his 
son, Sir Charles, the second baronet, " received a mortal wound at the fight 



138 THE HOWARD PAPERS. 

Somerset, sister to the marquess) who, whilst they lived, 
preserved this gentleman, by their example and advice, from 
those many extravagances that impaired both his fortune 
and his reputation."* 

Preserve us from our friends ! If any portion of this 
entry was written by Evelyn at the date professed, the 
remark distinguished by italics must have been an inter- 
polation ; or, with the disparaging reflections that follow a 
subsequent addition : for, if all the world then knew the 
fact of the marriage, what becomes of the previous commu- 
nication ? And if the fortune and reputation of my lord 
were safe, in the opinion of Evelyn, until the death of Sir 
Samuel Tuke, in 1673, what of the entire slander? My 
lord may not have taken the public into his confidence to 
the extent he reposed in his " friend," John Evelyn, yet a 
letter written by him, appears to refer to the fact of a law- 
ful cohabitation as known in the family ,f several years 
before his accession to the restored honors, when the duke 
and duchess entered society with their newly acquired rank ; 
and Evelyn, dining "with the duke, the first time since the 

on the Boyne, on the side of the unfortunate king, and died August 10th, 
1690; last of the family," says Evelyn, "to which my wife was related." — 
lb., v. ii., p. 309. * Diary, (17th October, 1671) v. ii., p. 65. 

t Letter from lord Howard, then earl of Norwich, to his agent, Mr. Hay, 
dated June 28, 1675. Referring, probably, to his brother Bernard, then 
resident in the French Capital, the earl says : " At Paris I saw nobody, nor 
asked to see, nor am I like to do otherwise hereafter ; for neither will yield, 
and so neither meet. As to his thanks to the He and Shee, &c, I say 
little till the liefetenant goes, by whom I shall explaine what the She is 
(as you already foiotv). But 1 will answear that all her life she will be his 
cordiall faithfull servant. And indeed, if ever I have any returne of ought 
I furnish him, I desire it be to her and her's, who yet have little or nothing 
if I dye. And to avoyd all disputes or discoveries, all for her and them is 
to be given to Sir James Hayes, and, as I have privately directed him, to 
dispose of. And this hint is enough, if I dye : Ergo, Sir James Hayes is 
the sole trustee for the hen and chicks." — Tiernay, Hist. Arundel, p. 536. 

The liefetenant, was Thomas Howard, second son by the first marriage; 
and it is not to be credited that the earl would have selected him to be the 
bearer of an explanation that was not reputable. 



THE HOWARD PAPERS, 139 

death of his "elder brother," made a note : "The duke had 
now newly declared his marriage with his concubine, ivhom 
he promised me he never would marry ! " # 

Concurrent with those " vicious courses " that Evelyn 
has so severely censured, his own pages supply another 
presentment. 

In November, 1666, the year following his return to 
England, Mr. Howard was elected member of the Royal 
Society, and for nine years his name was annually placed 
on the Council.f Gresham College had been rendered 
untenable by the calamitous incendium that had laid in 
ashes a large portion of the city ; and one of the earliest 
acts of the new member was an invitation to the Society to 
hold its meetings at Arundel House. On the 9th January, 
1667, they were there assembled.! Evelyn notes the fact, 
and adds, that Mr. Howard, "at my instigation, likewise 
bestowed on the Society that noble library which his grand- 
father especially, and his ancestors, had collected. This 
gentleman had so little inclination to boohs that it was the 
•preservation of them from embezzlement. \ 

* January 23, 1678.— Diary, v. ii., p. 118. "Nupta circa Oct. 1677, 
publicata."— Egerton MS. 1075. t Tiernay. 

+ The Society continued to meet at Arundel House until 1673, when they 
were invited back to Gresham College by a deputation of the professors 
and of the Mercers' Company ; and were induced to accept the offer because 
their apparatus and curiosities were deposited there. — Tiernay. In the 
mean time, Mr. Howard had made the offer of the gift of a piece of ground 
next to Arundel House, to build a College on, which, observes Pepys, is a 
most generous act. — Diary, v. iv., p. 32. 

§ Diary, v. \w,p. 20. The words in italics have the appearance of a sub- 
sequent addition. As to the remark itself, and its value in reference to the 
patron and friend of the diarist, Mr. Howard was rather a practical man 
than a student of ancient manuscripts. " Creed tells me," writes Pepys, 
'■' that he is a very fine gentleman, and understands and speaks well." — 
Diary, v. iv., p. 327. In a paper communicated by him to the Royal 
Society: "A description of the diamond mines;" the lord Marshal says: 
" I shall confine myself to the mines on the coast of Coromandel, with 
which I am acquainted ; having visited several of them, I am able to say 
something thereof experimentally." — Phil. Trans., v. xii., p. 907. This 



140 THE HOWARD PAPERS. 

Pepys notices the " noble gift," and remarks that " our 
Society values it at £1000. " # The presentation had been 
" solemnly " made, and thenceforth Evelyn and his friends 
had the complete control— and the responsibility — attend- 
ing the donation. Dr. Birch has given to the world a 
further view of the transaction, from minutes of the proceed- 
ings;*}* and Mr. Tiernay, commenting on the records, says : 
" The conduct of the Society, as connected with this library, 
was somewhat extraordinary. As early as March, 1669, a 
proposal was actually made for selling the MSS. to the 
University of Oxford. J A committee was appointed to 
ascertain their value preparatory to the sale ■ and it was 
only after two or three debates and divisions on the ques- 
tion that the proposition was rejected, as seeming to 
slight the munificence of the giver. "§ A committee, how- 
paper was found worthy of translation into French, and is printed with 
BarWs Metallurgie, torn, i., p. 308. 

Further, Mr. Howard contributed some notes and instructions to Evelyn 
for his "History of the Three late Imposters" derived from "the relation 
of Signor Pietro, as unpolished," observes Mr. Howard, " as the usual style 
of the Levanters." — JEvelyn, Diary, v. iii., p. 211. No one, indeed, can 
read Mr. Howard's letter without being convinced of his literary intelli- 
gence; and that the apology of Mr. Tiernay, (who has inadvertently con- 
founded him with his son, of the same name, referred to in the Mimoires 
de Grammontf) has been wholly mis-applied, in extenuation of "manners 
unpolished and talents of an inferior order." — Hist, of Arundel, p. 542. 

On the 13th February, 1669, Evelyn writes: "I presented his majesty 
with my ' History of the Four Imposters ;' " and the king, he adds, — " told 
me of other like cheats." — Diary, v. ii., p. 38. 

* Diary, v. iii.. p. 373. t Hist. Royal Society, 1756, &c. 

t On the 4th March, Evelyn went " To the Council of the Royal Society 
about disposing my lord Howard's library, now given to us." — Diary, v. ii., 
p. 39. 

§ Birch, II., 351, 372. A letter from Evelyn to lord Howard, dated from 
Saye's Court the 14th March, 1669, has reference to this somewhat extra- 
ordinary proposition : " My lord, I am not prompted by the success of my 
first address to your Honour, when, as much for your own [quaere, my own ?] 
glory as that of the University, I prevailed with you for the marbles, which 
were inscriptions in stones ; to solicit you now, on the same account, for the 
books, which are inscriptions in parchment; but because I am very confi- 



THE HOWARD PAPERS. 141 

ever had come to the conclusion, that they were " chiefly 
valuable for their rarity, and unlikely to be of any great 
advantage to the University or to the Society;" and such 
was the state of neglect and decay in which they were 
suffered to remain, that, in 1677, lord Henry Howard, then 
earl of Norwich, found it necessary to transmit a message 
to the council requesting " that the library given by him to 
the Royal Society might be better looked after ;" # and, 
though frequently mentioned, fourteen years had elapsed 
before even a catalogue had been made of it.f The books 
were still at Arundel House in 1678, when the mansion 

dent your Honour cannot consult a nobler expedient to preserve them, and 
the memory of your name and illustrious family, than by wishing that the 
Society (on whom you have so generously bestowed your library,) might 
exchange the MSS. (such only, I mean, as concern the civil law, theology, 
and other scholastic learning,) for mathematical, philosophical and other 
such books as may prove most useful to the design and institution of it. . . . 
[The learned Selden, Sir Thomas Bodley and others are then held up as 
examples ; and the writer, referring to the desire of the University for his 
proposition, urges the "design of perpetuating your munificence, by dig- 
nifying that apartment where they would place the MSS., with the title of 
Bibliotheca Arundellana, than which, what can be more glorious or con- 
spicuous!" And concludes] 

I cannot, upon most serious reflection on the reasons which I have 
alleged, and especially that of preserving your name and library by a dou- 
ble consignation of it, but implore your lordship's favor and indulgence for 
the University where your munificence is already deeply engraven on their 
hearts as well as on their marbles; and will then shine in letters of a more 
refulgent lustre; for methinks I hear the public orator, after he has cele- 
brated your name amongst the rest of their glorious benefactors and heroes, 
end his panegyric in the resounding theatre, as once the noble poet on the 
person of the young Arcadian : — 

Nunc te Marmoreum pro tempore fecimus. — Eel. vii. 

We yet, great Howard, thee but in marble mould ; 
But if our books increase, thou shalt be gold ! ! ! 

— Diary and Correspondence, v. iii., pt 218. • u L'Allegorie," on dit, 
" habite un palais diaphane ;" and the verse might have rhymed as well, 
with less flattery, — 

But if our books increase, thou shalt be sold ! 

* Birch, Hist. R. S. t Ibid. 

K 



142 THE HOWARD PAPERS. 

was about to be taken down ; and on the 29th August 
Evelyn notes : " I was called to London to wait upon the 
duke of Norfolk, who, having at my sole request, bestowed 
the Arundelian library on the Royal Society, sent to me to 
take charge of the books and remove them :" and, not- 
withstanding all that had passed during the twelve years 
of the Society's regardless possession ; having endured the 
rebuke of the donor on that account; without even a cata- 
logue to assist security; Evelyn could still address to the 
world — (for, unlike Pepys' honest confessions, Evelyn's 
diary is addressed to, and dressed for, the world) — the fol- 
lowing reflections on his final act in connection with this 
"noble gift." Having gathered but a scanty crop of laurels 
by the transaction, he sought self-praise in the demolition 
of the hero he had moulded ; and twining his poisoned 
immortelle round the brow of his prostrate demi-god, " I 
should not, he adds, "for the honor I bear the family* 
have persuaded the duke to part with them, had I not seen 
how negligent he was of them, suffering the priests and 
everybody to carry away and dispose of what they pleased ; 
so that abundance of rare things are irrecoverably gone."-t 
From the preservation of the library, Evelyn turned his 
attention to the " broken inscriptions lying about Arundel 
House," and on the 4th August, the same year, 1667, from 
Saye's Court, thus addressed Mr. Howard : "It is not with- 
out much regret, and more concernment as it regards your 
honorable and illustrious family , that I have now so long 
a time beheld some of the noblest antiquities in the world, 
and which your grandfather purchased with so much cost 
and difficulty, lie abandoned, broken and defaced in divers 
corners about Arundel House and the gardens belonging 
to it. I know your Honour cannot but have thoughts and 
resolutions of repairing and collecting them together one 
day ; but there are in the mean time certain broken inscrip- 

* Honor the family ! What, — concubine and all ? 
t Diary, v. ii., p. 122. 



THE HOWARD PAPERS, 



143 



tions now almost obliterated with age and the ill effects of 
the weather,* which will in a short time utterly be lost and 
perish, unless they be speedily removed to a more benign 
and less corrosive air. For these it is, I should be an hum- 
ble suitor that you would think fit to make a present of 
them to the University of Oxford, where they might be of 
great use and ornament, and remain a more lasting record 
to posterity of your munificence than by any other applica- 
tion of them whatsoever ; and the University would think 
themselves obliged to inscribe your name and that of your 

illustrious family to all signification of gratitude 

A memorandum of Evelyn's on the original manuscript, 
records, that " This letter procured all the Marmora Arun- 
deliana, Greek and Latin inscriptions, urns, altar-tables, &c. 
now at Oxon."f His diary supplies a further notice of the 
gift, with a repetition of the inducement and the attendant 
circumstances : " 1667, Sept. 19. To London with Mr. Henry 
Howard of Norfolk, of whom I obtained the gift of his Arun- 
delian marbles, those celebrated and famous inscriptions, 
Greek and Latin, gathered with so much cost and industry 
from Greece, by his illustrious grandfather, the magnificent 
earl of Arundel, my noble friend, whilst he lived. When I 
saw these precious monuments miserably neglected, and 
scattered up and down about the garden J and other parts 

* Edward Browne, who went to Arundel House, March I, 1664, "saw 
a great number of old Roman and Grecian statues, many as large again as 
life, and divers Greek inscriptions upon stones in the garden. I viewed 
these statues," he adds, " till the approaching night began to obscure them, 
being extreamly taken with the noblenesse of that ancient work, and grieving 
at the bad usage some of them had met with in our late distractions" — 
Journal. 

t Diary and Correspondence, v. in., p. 198. Evelyn understood the use 
of words, and "procured" best represents the transaction. 

X From Evelyn's description, it might be supposed they were cast about 
the grounds as old stones of nothing worth. The arrangement of the earl's 
collection, described by Peacham, had been as follows : the busts and 
statues he placed in his gallery : the inscribed stones were inserted in the 
walls of the garden at Arundel House; and with the inferior and mutilated 

k2 



144 THE HOWARD PAPERS. 

of Arundel House, and how exceedingly the corrosive air 
of London impaired them, I procured him to bestow them 
on the University of Oxford. This he was pleased to grant 
me, and now gave me the key of the gallery* with leave to 
mark all those stones, urns, altars, &c, and whatever I 
found had inscriptions on them that were not statues. This 
I did, and getting them removed and piled together, with 
those that were incrusted in the garden-walls, I sent imme- 
diately letters to the Vice-Chancellor of what I had pro- 
pieces he decorated his summer garden at Lambeth. — Compl. Gent., p. 109. 
Peacham adds, that the " ingenious John Evelyn " was employed by the 
earl in making the collection ; but that is a mistake : the collection had 
been made, and the earl had fallen on evil days while John Evelyn was 
yet a boy. 

The earl's connection with the Evelyn family had been with Richard 
Evelyn, one of the trustees of his Surrey property; and he extended his 
notice to the "ingenious" John Evelyn, his son, who was a young man, still 
pursuing his studies, when he visited the earl on hi9 death bed at Padua, 
and the great collector, as Evelyn relates, " caused his gentleman to give 
me directions, all written icith his own hand, what curiosities I should 
inquire after in my journey." — Diary, v. i , p. 219. Nor could his vanity 
omit the opportunity of placing on record, that while taking leave of the 
earl, " there waited for me below, Mr. Henry Howard (afterwards duke of 
Norfolk), Mr. J. Digby, son of Sir Kenelm Digby, and other gentlemen, 
who conducted me to the coach." — Ibid. 

John Digby married a granddaughter of the earl of Arundel, the lady 
Katharine, sister of Mr. Henry Howard; and Evelyn, who accepted the 
" fashion and ceremony " of the earl's house, as deference to his own par- 
ticular importance, was about seven years the elder of the earl's grandson, 
above named, whom through life he flattered to his face, and scandalized 
to posterity in his Journal. In dedicating to this grandson his translation 
of the Sieur de Cambray's Idea of the Perfection of Painting, Evelyn 
perhaps represented the fact, when he described the earl of Arundel as 
the great patron of the arts, " whose favours he had frequently tasted both 
at home and abroad," but he was inflating his innate vanity to the utmost 
tension of solemnity, when he so constantly parades the proud and stately 
earl as his " noble and illustrious friend." 

* This does not agree with the representation of "miserable neglect," &c. 
or the imputation that Mr. Howard was without taste for the fine arts; 
though, perhaps, like the duke of Buckingham, he " was not so fond of 
antiquity as to court it in a deformed or mis-shapen stone." — Walpole, 
Anecd. of Painting, v. ii. ; p. 126. 



THE HOWARD PAPERS. 145 

cured, and that if they esteemed it a service to the Univer- 
sity, (of which I had been a member) they should take 
order for their transportation."* 

On the 8th October, he writes : " Came to dine with me 
Dr. Bathurst, dean of Wells, President of Trinity College, 
sent by the Vice-Chancellor of Oxford, in the name of the 
whole University, to thank me for procuring the Inscrip- 
tions, and to receive my directions what was to be done to 
shew their gratitude to Mr. Howard. "f 

In exchange for his marbles, Mr. Howard was created 
D.C.L., with ceremony, and his eldest son, a youth of 
fourteen, M.A., on the 5th June following ; { but the lau- 
dation of the procurer was reserved for a greater occasion,^ 

* Diary, v. ii.,p. 29. t Ibid, p. 30. t Wood, Fasti, v. ii., p. 303. 

§ On the 17th October, writes Evelyn, "Came Dr. Barlow, Provost of 
Queen's College, and Protobibliothecus of the Bodleian Library, to take 
order about the transportation of the marbles." — Diary, v. ii., p. 30. On 
the '25th " there were delivered to me two letters from the Vice-Chancellor 
of Oxford, with the decree of Convocation, attested by the Public Notary, 
ordering four Doctors of Divinity and Law to acknowledge the obligation 
the University had to me for procuring the Marmora Arundeliana, which 
was solemnly done by Dr. Barlow, (bishop of Lincoln,) Dr. Jenkins, (after- 
wards Sir Leoline Jenkins, Secretary of State,) Judge of the Admiralty, 
Dr. Lloyd, and Obadiah Walker, of University College; who, having made 
alarge compliment from the University, delivered me the decree of Convo- 
cation fairly written. This document, highly flattering, " pro ea pietate 
qua Almam Mat rem prosequitur non solum suasu et consilio apud inclytum 
Heroem Henricum Howard, ducis Norrblcice hceredem, intercessit, ut Uni- 
versitati pretiosissimuin eruditse antiquitatis thcsaurum Marmora Arun- 
deliana largiretur; sed egregiam insuper in ijs colligendis asservandisq, 
navavit operam ": was accompanied by a letter expressing fur- 
ther an intention "of a noble inscription, in which also honorable mention 
shall be made of yourself; but Mr. Vice-Chancellor commands me to tell 
you," adds the writer, " that this is not sufficient for your merits; but that 
if your occasions would permit you to come down at the Act (when we 
intend a dedication of our New Theatre), some other testimony should be 
given, both of your own worth and affection to this, your old mother; for 
we are all very sensible that this great addition of learning and reputation 
to the University, is due as well to your industrious care for the University, 
and interest with my lord Howard, as to his great nobleness and generosity 
of spirit." — Diary, v. ii., p. 31. 



146 THE HOWARD PAPERS. 

and far surpassed the homage to the donor ; of whom little 
is recorded beyond the fact mentioned by the University 
historian, Anthony a Wood. 

" The Vice-Chancellor's letter to the same effect," writes Evelyn, " were 
too vain glorious to insert," and has not been supplied by his editor; 
the "divers copies of verses that were sent," are also, probably, still in his 
cabinet; the inscription he " totally declined." — Ibid. 

" Having made me this compliment," continues Evelyn, " the four Doc- 
tors desired me to carry and introduce them to Mr. Howard, at Arundel 
House ; which I did ; Dr. Barlow (Provost of Queen's), after a short speech, 
delivering a larger letter of the University's thanks, which was written in 
Latin, expressing the great sense they had of the honor done them." This 
compliment, handsomely performed and as nobly received, Mr. Howard 
accompanied the Doctors to their coach; and Evelyn followed them to 
supper. 

On the 7th July following, Evelyn went towards Oxford ; and on the 15th, 
having two days before had notice that the University intended him the 
honor of Doctorship, " I was this morning," he writes, " attended by the 
beadles belonging to the Law, who conducted me to the theatre." There 
he found the duke of Ormond, Chancellor, the earl of Chesterfield, and Mr. 
Spencer, brother to the earl of Sunderland. Thence they marched to the 
Convocation House (a Convocation having been called on purpose), and 
being all robed in scarlet, with caps and hoods, they were led by the Pro- 
fessor and presented respectively by name, with a short eulogy, to the Vice- 
Chancellor, who sat in the chair, with all the Doctors and Heads of Houses, 
and Masters about the room, which was exceeding full. Then began the 
Public Orator his speech, directed chiefly to the duke of Ormond, the 

Chancellor; but in ichich I had my compliment, of course So 

formal a creation of honorary Doctors had seldom been seen, — that a con- 
vocation should be called on purpose, and speeches made by the Orator! 
But they could do no less, their Chancellor being to receive, or rather do 
them, this honor. I should have been made Doctor zoith the rest at the 
Public Act,* but the expectation of their Chancellor made them defer it. — 
Diary, v. ii., p. 42. 

" Extraordinary entertainments, abundance of feasting, compliments 
and returning of thanks," attended the ceremony; and Evelyn, having 
dined with the Vice-Chancellor, visited " the noble marbles and inscrip- 
tions " that had brought him to*So much honor. He found them "inserted 
in the walls that compass the area of the theatre, where were one hundred 

* The dedication of the new Theatre, (which cost £25,000) the munificent benefaction 
of Dr. Sheldon, archbishop of Canterbury, chancellor of the University, was celebrated 
with great ceremony on the 9th July. The resignation of the chancellor in favor of the 
duke of Ormond, attended the completion of his noble work, which, humble in heart it 
is said, he declined to see, and never beheld.— Evelyn, Diary, v. ii., p. 39. 



THE HOWARD PAPERS. 147 

111 the nobility of Mr. Howard's character, though not 
absolutely detracting qualities, there were two weak points, 
pride of family, with a princely generosity of spirit ; and 
Evelyn, " who was never averse from paying his humble 
suit to the prejudices of his patrons,"* knew how to "pluck 
out the heart of their mystery," and use it to his purpose. 
Flattery was an instrument he could sound from the low r est 
note to the top of its compass. Hamlet's symbolical pipe 
was rhetorical in his hands : — 

Govern these ventages 

with your finger and thumb, give it breath 
with your mouth, and it will discourse 
most eloquerjt music. 

The Danish novice, unskilled to command any utterance 
of harmony, had his opposite in Evelyn, who would double- 
tongue you, in most excellent accord, a two-part medley, 
at once to his own and to his patron's praise ! 

Not to repeat instances already sufficiently prominent, a 
dedicatory epistle to " The illustrious Henry Howard of 
Norfolk, heir apparentf to that dukedom," furnished Eve- 
lyn, — (after a well-sustained prelude on the old aria of the 
earl of Arundel, as patron of the arts, and Meccenas of all 
sublime spirits, himself included,) J with an opportunity of 

and fifty of the most ancient and worthy treasures of that kind in the learned 
world." Already "some idle persons had began to scratch and injure 
them" and he " advised that a hedge of holly should be planted at the foot 
of the wall, to be kept breast-high only, to protect them — which the Vice- 
Chancellor promised to do next season " ! ! — Ibid. 

* Tiernay, Hist, of Arundel. 

t Not apparent, Evelyn, but heir presumptive — on the decease of his 
brother, without issue. 

J " There is no man who has heard of the house of Norfolk, and especially 
of that of Arundel and Surrey, but will justify the resolution I have taken 
to inscribe your name in the front of this piece ; since the names of 
Painting and Sculpture (two of the most celebrated and renowned arts that 
ever appeared in the world,) had scarce been known amongst us in Eng- 
land, but for your illustrious grandfather, who brought into and adorned 
this nation with more polite and useful things than it had received for 
some ages before, and who continued a Meccenas and protector of all the 



148 ' THE HOWARD PAPERS. 

deriving " through a most illustrious father/' a living patron 
who inherited by descent " this affection to great and ?wble 
things."* 

" But Sir," continues the dedicator, " I have something 
yet to add, and the very stones would ever exclaim against 
me, should I omit your never-to-be-forgotten munificence 
to the University of Oxford ! " But why never-to-be-for- 
gotten? "Because it was upon my first and sole sugges- 
tion ! " And why suggestion ? Because (with the grace of 
an appoggiatura to his patron's most excellent quality — a 
delicate turn to his " affection to great and noble things,") 
— " instigation the generosity of your nature needs not ! " 
(And then, by a run to the key-note, — his patron's family 
pride) — " by which you not only nobly consulted the most 
lasting wag to perpetuate your name in the learned world, 
and gave eternity to those (almost) obliterated titles, by 
transferring them to a less corrosive ayr."f 

As a fugue on the quill, the fingers and thumb have not 
frequently attuned this little organ to more harmonious 
utterance of Esto perpetua, addressed alike to dedicator 
and to patron ; leaving it still doubtful on the ear, — (having 
reference to detractive disregards otherwhere expressed) — 
whether the higher praise (as it takes precedence of the 
gift itself,) be not due to the first and sole suggestor of the 
dedition ever-to-be-remembered in the annals of fame. J 

sublime spirits as long as this Island was worthy of him, — which was as 
long as it remained loyal. I have reason to consecrate thus his memory, 
of whose more particular favours 1 have so frequently tasted both at home 
and abroad; especially in Italy, where I had the honor to be cherished by 
him, and from whom I received one of the last letters that ever he writ, 
which I reserve by me as one of the choicest of my treasures." 

* But how, as to the library disregarded? The marbles miserably neg- 
lected? The medals and intaglios squandered amongst painters, panders, 
&c. The paintings and drawings sed nunc non erat his locus. 

t Dedication of "An Idea of the Perfection of Painting; by Roland Freart, 
Sieur de Cambray. Translated into English, by John Evelyn." 1668. 

% Considering the general run of dedications to have been compliment 
aud servility, — in Shaksperian phrase, a circumlocutory endeavour to " re- 



THE HOWARD PAPERS. 149 

If Mr. Howard's generosity of spirit laid him open to 
" suggestions " that might be for the honor of his name, 
his weakness did not extend to the absorption of fulsome 
praise ; his family pride did not take a direction that might 
be " played upon " with the lip-homage of dependents, or 
"stopped " with the more objectionable adulation of hum- 
ble friends. His ambition had been the titular rank, the 
social position of his ancestors, which had its award of 
honorable regard due in the estimation of men. The ad- 
ditional wealth that would accompany the accession to 
himself, could only gratify in an increased degree the 
natural generosity of his disposition. Still, his position so 
far from being happy, required all the generous restraint of 
an ambitious mind and the kindly sympathy of natural 
affection. His unconscious brother, wholly incapable of 
appreciating or fulfilling the obligations of his high rank, 
withheld honors he could not himself enjoy. Seven years 
had passed since the restoration of the dukedom, and Mr. 
Henry Howard, with the highest honors in expectancy, 
was still a commoner ! If he exhibited no impatience, or 
entertained in any degree the attributes of his flatterers, 
he must indeed have been proof against augury. Relief from 
ennui is always to be found in action ; and to a man who 

cover the wind" of a patron, " as if you would drive him into a toil," criti- 
cism of Evelyn is only invoked by his inordinate vanity j his double-dealing, 
at once candied and uncandid; his contemporal public praise and his pri- 
vate dedication to posterity of a contrary estimate of value. 

Otherwise, of the way in which dedicators have paid their debts in other 
men's coin, an example of very depreciated currency occurs in the Anec- 
dotes of Painting in England, inscribed by Horace Walpole to the lady 
Hervey (Mary Lepel), who therein tells her ladyship that "if Mr. Virtue's 
industry has amassed anything that can amuse one or two of your idle 
hours, (when neither affection, friendship, nor the several duties which you 
fill with so much ease and dignity have any demands upon you) I shall 
think his life was well employed; and I am sure my time will have been 
so, if I have made him tolerable company ! " 

Such was Horace Walpole's estimate of the value of the life and labours 
of a man "whose indefatigable pains left nothing unexplored that could 
illuminate his subject." 



150 THE HOWARD PAPERS. 

lacked advancement, any replication progressing to his hopes 
must have been welcome. An idea at this time appears 
first to have occurred to his advisers, that all the advantages 
had not been taken of the act of grace that replaced his 
family in their former status of peerage rank ; for the reversal 
of the attainder of Thomas duke of Norfolk had virtually 
elevated Philip earl of Arundel to the succession of the 
same rank, and his descendants to the honorable position 
they rightly would have borne. This view of the case en- 
titled Mr. Henry Howard to the position of second son of 
a duke, with a courtesy prefix of nobility; and by a patent 
of precedency, dated the last day of December, 1668, # the 
king gave legality to a proposition that confirmed to him 
the designation of lord Henry Howard of Norfolk. Court 
favour, which in the multitude of petitioners had not hitherto 
shone on himself personally, about the same time became 
refulgent; the courtesy title, within a few months, gave 
place to peerage rank, and employment in the service of 
the state : perhaps the former was the anticipatory reward 
of the service, since Evelyn notes that Mr. Howard was 
" created lord upon his embassage to Morrocco/'f The 
patent however, refers to other " eminent services, performed 
by his father and grandfather, to king Charles the First and 
to the Crown of England, both here and abroad, to their 
great peril and costs ; and also to his own personal services 
to king Charles the Second, in the time of the usurpation, 

* Pat. 20 Car. II. ; E. M. Bk.,/o. 100 b.—Sandford. 
i Diary, v. ii., p. 31. The painters' art of patching a bald effect or 
throwing in new lights, is ill adapted to the journalist; and Evelyn, in re- 
vising or dressing his diary for the public eye with his finishing touches, 
has wholly destroyed the charm of a record of daily events, where he has 
not absolutely distorted or misplaced the occurrence of facts. In the pre- 
sent instance, writing of the presentation of the marbles to the University 
of Oxford, under the date of October, 1667, he has made an addition, re- 
ferring to Mr. Henry Howard, as " now made lord upon his embassage to 
Morrocco;" although neither the creation nor the embassy took place 
until about two vears afterwards. 



THE HOWARD PAPERS. 151 

when he was necessitated to be in foreign parts in a banished 
condition." In acknowledgment of these services, lord 
Henry Howard was, by letters patent, advanced to the de- 
gree of a baron of the realm, by the title of lord Howard of 
Castle Rising, in the county of Norfolk,* one of the me- 
morable localities of his parliamentary influence, (not with- 
out peril,) in aid of the restoration. The embassy shortly 
followed, and was then probably in active preparation. 

The cession of Tangier, by the Portuguese, as part of the 
dowry of his queen, impressed Charles the Second with an 
opinion, that a commerce with Morrocco might prove of con- 
siderable profit to his kingdom. To this end, he had de- 
clared Tangier a free port, invested it with many important 
privileges; and now sought by an embassy conducted with 
considerable splendour, backed by the force of his arms, 
to impress his warlike neighbours not only with the mag- 
nificence but the power of his crown. The particulars of 
" A pavilion and tents, prepared for his excellency, the 
lord Howard, ambassador extraordinary to the emperor of 
Morrocco,"^ shew accommodation for a large retinue, with 
halls for reception and festivity, enclosed by pallisades and 
a gateway, giving the appearance of an intrenched encamp- 
ment. The lord Howard embarked at Plymouth with a 
splendid train, J the 22nd July, 1669, attended by his 

* Pat. 27 Mar. 21 Car. II. (166|). The parliament was not then in session; 
and lord Howard's absence prevented his taking his seat until Monday, the 
24th October, 1670; when the lord Keeper acquainted the House that his 
majesty had ennobled Henry Howard, by creating him baron of Castle 
Rising. His lordship was then introduced between the lord Arlington and 
the lord Arundel of Wardour; the lord Chamberlain (all being robed) con- 
ducting him to the woolsack ; where the patent, and the writ of summons, 
dated the 21st October last past, were read, — Lords' Journ. } v. xii., p. 351. 

t Add. MS. in B. M. Lib., No. 5750. The pavilion consisted of two 
halls, with a gallery, and lodging, for the ambassador, and another lar°-e 
hall and lodging, "guilt and guarded ;" with tents or guard-rooms, kitchens, 
and many other pavilions, tents and " houses," for a numerous retinue. 
The cost, by an order on the Treasury, was £2377. 

% Kennet, Hist. Engl., fol. v. \\\.,p. 273. 



152 THE HOWARD PAPERS. 

majesty's fleet under the command of Sir Thomas Alien.* 
Besides his majesty's commission to treat with the Moorish 
king, the ambassador was also intrusted with " certain 
inquiries concerning Barbary," on behalf of the Royal 
Society. The result of the embassy appears to have been, 
like Viola's history ,^-a blank. A paper read at a subse- 
quent meeting of the Royal Society ,f drew from the lord 
Howard the declaration, " that he went not himself, for 
reasons known, to Morrocco, but that an ingenious person, 
one of his attendants on the voyage, had made the inquiries, 
and supplied the answers which the Society had just 
heard. "J A letter from a gentleman of the lord ambassador 

* Kennett; Pointer, Chron. Hist. + March 28, 1672. 

t Birch, v. iii., p. 22. In order to promote his commercial plans with 
Morrocco, the king had taken great pains to preserve the fortress of Tangier; 
and a fine mole had been constructed at a vast expense for the improvement 
of the harbour ; Pepys is eloquent in a matter that came under his especial 
notice; and the noble editor of his interesting Diary observes, "It is idle 
to speculate on the benefits which might have occurred to England by its 
preservation and retention" (v. i., p. 289). In 1680, Tangier was besieged 
by the Moors; and on the 17th November, the king sent a message to par- 
liament recommending the preservation of the place. But the Commons, 
distracted with the position of affairs at home, replied, " They were indeed 
afraid of Tangier, but more afraid of a popish successor," and would grant 
no money. — Rapin. The Moors, however, were repulsed; and in the fol- 
lowing year sent an embassy to England, which Evelyn, who was present, 
observes, received a ceremonious though noisy reception, in the Banqueting 
House at Whitehall. — Diary, v. ii.,p. 161. On this occasion of cementing 
" a peace with Tangier," Named Hamet presented from his sovereign two 
lions and thirty ostriches; which the king, estimating the value of the sub- 
mission, by his disappointed hopes, received with a smile, and replied, that 
" he knew of nothing more proper to send by way of return than a flock of 
geese." — Iieresby's Mem. Nevertheless, Sir John Reresby expresses the 
king's opinion that the possession of Tangier might have been turned to 
advantageous commercial account ; but the impoverished condition of his 
finances, and the distrust of the parliament opposed further expenditure ; 
and to relieve himself from the maintenance of a place that the nation did 
not appreciate, the king, in 1683, commissioned lord Dartmouth to go with 
about twenty sail of vessels and destroy the town, the castle, the mole, and 
to choke up the harbour! The labour of undoing the industry of years oc- 
cupied about six months ; and so effectually was the demolition performed, 



THE HOWARD PAPERS. 153 

Howard's retinue to his friend in London, # professes to give 
"A full relation of the most remarkable passages of the 
voyage, and of the present state of the countries under the 
power of TafFaletta, emperor of Morrocco." From this 
source it is ascertained that my lord proceeded to Tangier ; 
and thence dispatched Capt. Warren, with the writer and 
another unnamed person, towards the emperor, as well to 
give notice of the arrival of his excellency, as to procure a 
passport for his journey to Fez. " We set forward,'' con- 
tinues the writer, " with a flag of truce in our hands, and 
were met by twenty horse, about a mile from the lines." 
Arrived at Fez, after a journey of several days, it was as- 
certained that TafFaletta had gone with his army against 
some barbarians in the kingdom of Sous, beyond Morrocco. 
"We are told," he adds, "that the emperor will be here 
within a few months, and then we hope to have our dis- 
patches. Some are sent to acquaint him with the honor 
our king hath done him, to send him a person so eminent 

in our nation and of that great wisdom " 

A year elapsed, and on the 3rd November, Sir Thomas 
Allen arrived from the straits, in the ' Plimouth,' leaving 
the command of His Majesty's fleet there to Sir Thomas 
Spragge.f My lord Howard had also quitted the scene of 
his fruitless labour, and was at Norwich, busily engaged in 
preparations for the reception of the king and " the whole 
Court;" which again afforded him an opportunity for an 
interchange of civilities with the Corporation. The latter 

that we are told "it would puzzle all our engineers to restore the harbour 
of Tangier." — Pepys, Diary, v. i., p. 289, n. The abandoned ruins fell to 
the possession of the Moors. 

* "To his very loving friend, T. G., in London" " Wishing myself 

again in your good company, at the King's Head, at Charing Cross 

Your's to command, S. L. Fez, Nov. 1, 1C69." Published for publick 
satisfaction, by Moses Pitt, at the sign of the White Hart, in Little Britain, 
Anno Dora. 1670. 4to. — B. M. Lib., King's Pamphlets, 104 h. 53; des- 
cribed in the catalogue as " A relation of the Voyage of the lord Thomas 
Howard," &c. t Pointer, Chron. Hist. 



154 THE HOWARD PAPERS. 

congratulated my lord Howard on his elevation to the peer- 
age ; and, amidst much rejoicing, himself and his two sons 
were admitted to the freedom of the city. # On his part, 
the lord Howard presented the city with "a noble mace of 
silver gilt, as a testimony of his great love and regard ; 
together with a crimson velvet gown for the mayor to wear 
on the king's coming, and upon other great occasions/'-f' 

On Thursday, the 28th September, 1671, the king and 
queen, accompanied by the dukes of York, Monmouth and 
Buckingham, with many other nobles, made their public 
entry into the ancient city of Norwich, being met " at the 
Trowse bridge, the utmost limit of the city that way," by 
the mayor with all the regalia, the sheriffs, corporation, and 
militia, new clothed in red, and were by them conducted 
to the duke's palace, where they were lodged and magni- 
ficently entertained by the lord Howard. J From Norwich 
the Court progressed to Oxnead, Sir Robert Paston's;§ 
thence to the lord Townshend's, at Rainham ; but the queen 
returned to Norwich, on a short visit to the lord Howard, 
and on Sunday, the 1st October, rode thence to the lord 
Arlington's, at Euston.|| 

* Blomefield, Hist. Norfolk, v. nl,p. 413. t Ibid. 

X Ibid. On the following day the king went to the cathedral, was 
" sung into the church with an anthem," and at his devotions " kneeled on 
the hard stone." After which, he went to the bishop's palace, and was 
there nobly entertained : returning through the church, " he took coach at 
the west door, and after shewing himself to the people from the balcony of 
the Guildhall in the market place, — proceeded to a civic festival in the new 
Hall; an entertainment that cost the city above nine hundred pounds. 
Here his majesty, in honor of the loyal display, was " earnest to have knighted 
the mayor, who as earnestly begged to decline" the proffered distinction; 
and to dispel the delusion of an acknowledgment of literary or scientific 
attainments, be it known, that it was owing to the embarrassing pertinacious 
declension of Mr. Alderman Thacker, that his majesty's uplifted rapier 
alighted on the more willing shoulder of his neighbour— Dr. Thomas Browne. 

§ At Blickling, on the way, the king knighted Mr. Henry Hobart, eldest 
son of Sir John Hobart, Bart., a young gentleman about thirteen years of 
age. — Blomefield. || Ibid. 



THE HOWARD PAPERS. 155 

My lord Howard was proud of the honor conferred on 
him by the royal visit, and thought much of the prepara- 
tions or " contrivances " he had made for the grand recep- 
tion. Evelyn beheld the magnificence, however, without 
recorded applause, and describes a temporary erection 
" framed of boards only ;" # the palace, which by a former 
noble owner had been esteemed fit residence for a monarchy 
affording no apartment sufficiently capacious for the royal 
presence. Splendour and luxury, at all times the expres- 
sion of loyalty, had not degenerated with the restoration of 
Charles the Second, nor was my lord Howard the man to 
hesitate in the mode of its display ; but if he found favour 
at Court, lavish entertainment nor abject homage were the 
means of its attainment; the king, well read in mankind 
and experienced in the world, was no more open to flattery 
than was his host ; — though the welcome had exceeded the 
legitimate honor due to the sovereign, and the pleasure at- 
tending hospitality commensurate with rank, — had the lord 
Howard even anticipated events and played the duke in his 
expenditure. No time had produced men better able by 
adversity to understand each other. The king and lord 
Howard were nearly of an age ; the latter rather the elder : 
they were known to each other under circumstances that 
make friends ; and both were politicians from observation. 
In common with his majesty, my lord Howard entertained 
or affected a freedom in his religious views that admitted of 
complete toleration ; J and, beyond acknowledged services, 
and loyalty that had spoken in deeds, it is observable, that 
after the contest in parliament that attended the restoration 

* Diary, v. ii., p. 65. " As to the palace," he adds, " it is an old wretched 
building, and that part of it newly built of brick, is very ill understood." 

t Thomas duke of Norfolk, when accused of ambitious views in respect 
of the queen of Scots, replied, that " When in his bowling alley at Nor- 
wich, he considered himself equal to a king of Scotland." 

X "Creed tells me," writes Pepys, a few years earlier, "that Mr. Henry 
Howard of Norfolk is no rigid papist ; but one that would not have 



156 THE HOWARD PAPERS. 

of the dukedom, — the favor of the Howards of Norfolk 
advanced with the influence of popery at Court. Lord 
Howard had a friend in the Portuguese ambassador; the 
ambassador was potent with the queen ; and though the 
queen's personal influence was nought, the practice of her 
religion was the vitality of a party, and the duke of York, 
as a partizan of Rome, acted on the king with complete 
success. This mode of operation is sufficiently apparent 
in the letters of lord Howard ; his personal and parliamen- 
tary influence,* perhaps, did the rest : in the year following 
his entertainment of the Court, the lord Howard was ad- 
vanced to the earldom of Norwich, which had just then 
become vacant,f and invested with the office of Earl Mar- 
shal, hereditary in his family.;]; All the honor he could ask 
of the king was now his own ; one higher rank only was 
open to his ambition, and that was already his inheritance 
— if, and when, Providence should so decree ; — but even 
that appears to have been anticipated by the courtesy of 
the public voice ; for Sir John Reresby relates that the lord 
Marshal was commonly called duke of Norfolk. § 

Great rejoicing attended this new mark of the royal 
favour: the annual visit of the family to Norwich was 
celebrated by the ringing of the church bells and the dis- 
charge of cannon ; the mayor in his state met the earl at 
St. Stephen's gate ; and the "whole Court" waited on him 
after his arrival at his palace. || 

a protestant servant leave his religion, (which he was going to do, thinking 
to recommend himself to his master by it,) saying, he would rather have 
an honest protestant than a knavish catholique." — Diary, v. iv., p. 32. 
A protestant might very safely have reversed the proposition. 
* Vide Pepys Diary, v. v., pp. 285, 288, 290-1. 

t By the decease of Charles, second lord Goring, earl of Norwich, with- 
out issue, March 3, 1672. 

% Pat. dated 29th October, 24 Car. II. (1672.) On the following day 
(October 30,) the lord Howard was introduced to the House by his new 
title, his supporters being the earl of Carlisle and the earl of Ailesbury. — 
Lords' Journ., v. xii. p. 519. 

§ Memoirs, p. 42. || Blomefield, Hist. Norfolk, v. iii., p. 414. 



THE HOWARD PAPERS. 157 

Here rest ambition, happiness is thine ! No ? Glittering 
honors have their own alloy ; and the secret influence of 
the elevation to rank, proved one barrier to its peaceful 
enjoyment. 

In his adversity, the king had been advised on the ad- 
vantages to his cause, of religious toleration. His steady 
friend, the duke of Newburgh,* (whom Clarendon describes 

* The friendship of the expatriated king with the duke of Newburgh had 
been the subject of negotiation and etiquette, as between sovereign princes. 
As soon as the king came to Cologne, writes Clarendon, he sent to the 
neighbour princes, by proper messages and insinuations, for the money, 
which, by the grant of the Diet, they had obliged themselves to pay to his 
majesty; which, though it amounted to no great sum, was of much con- 
veniency to his support. The duke of Newburgh, whose Court was at 
Dusseldorp, a small day's journey from Cologne, sent his proportion very 
generously, with many expressions of great respect and duty, congratula- 
ting his majesty and her royal highness on their arrival in those parts, and 
with insinuation that he would be glad to receive the honor of entertaining 
the king and his sister in his palace. He forebore, however, to make any 
solemn invitation, (without which they could not make the visit,) till some 
ceremonies were first adjusted. Two only were of moment, the rest were 
formalities from which they might recede, if those two were conceded. The 
indispensables were, " that the king, at their first meeting, should, at least 
once, treat the duke with altesse;" and " that the duke might salute the prin- 
cess royal:" without these preliminaries arranged, there could be no meet- 
ing. Weighing the matter in his political balance, the king thought it of 
moment to himself to receive the respect and civility of any of the German 
princes; among whom few were more considerable in their dominions, and 
none in their persons, than the duke of Newburgh ; moreover, it appeared 
that the emperor himself always treated him with altesse : therefore his 
majesty made no scruples. But the matter of saluting the princess royal 
was of a new and delicate nature: it had been "so punctually preserved," 
that from the time of her coming to Holland, the old prince of Orange, 
father of her husband, had never pretended to it. The young widow her- 
self, however, raised no obstacle : with the king, it was " a ceremony de- 
pending only on the custom of countries :" the duke of Newburgh was a 
sovereign prince inferior to none in Germany ; and his ambassador always 
covered before the emperor. These weighty considerations were decisive. 
Without any noise, about the middle of October, (Clarendon has omitted 
the fatal day!) the king, accompanied his sister by water to Dusseldorp; 
where they arrived between three and four o'clock; the duke and duchess 
were in attendance ; and there, on the bank of the Rhine, in the afternoon 
of an autumnal day, in the year 1654, to the danger of the protectant suc- 

L 



158 THE HOWARD PAPERS. 

to have been bred under the Jesuits, and with more than 
ordinary bigotry zealous in the Roman religion/*) had told 
him that the bloody laws in England against the Roman 
catholics, made a very great noise in the world ; and that as 
his majesty was generally understood to be a prince of a 
generous and merciful nature, who would not take delight 
in the executing so much cruelty, he conceived it might be 
very agreeable to his inclination, to declare and promise, 
that when it should please God to restore his majesty to 
his government, he would never suffer those laws to be 
executed, but would cause them to be repealed. The king 
replied, that if it should be in his power, it should never be 
in his will, to execute those severe laws : but that it was 
not in his power absolutely to repeal them ; and it would 
be less in his power to do it, if he declared that he had a 
purpose to do so."f 

Whatever were the king's private religious convictions^ 
(and they are represented to have been Romish,) he began 
his reign with a " declaration of liberty of conscience ; and 
that no man should be disquieted or called in question for 
differences of opinion in matters of religion, that did not 
disturb the peace of the kingdom." J This was afterwards 
renewed,§ with a careful regard for the Church of England; 
and considerably modified by the Act of Uniformity || that 
seemed absolutely necessary, if the identity of that church 
was to be preserved by any established form of worship. 
However, " it is well known/' observes Burnet, " that 
those who were then secretly papists, and who disguised 
their religion for many years after this, (as did the king 
himself to the last,) animated the chief men of our church 

cession, — a sacrifice to state policy, — was the mother of our glorious Orange 
William, kissed by that bigoted Romish zealot, the duke of Newburgh ! — 
Clarendon, Hist. Rebellion, v. iii., p. 543. 

* Hist. Rebellion, v. iii., p. 544. t Ibid.,;?. 550. 

X Declaration at Breda, 1C60.— Echard. § Dec. 26, 1662. 

|| Stat. 13 & 14 Car. II., passed 19th May, 1662. 



THE HOWARD PAPERS. 159 

to carry the point of uniformity as high as possible, that 
there might be many non-conformists, and great occasion 
given for a toleration, under which popery might insensibly 
creep in."* • 

For the king himself, " The truth is," he said, " I am in 
my nature an enemy to all severity for religion and con- 
science, how mistaken soever it be, when it extends to 
capital and sanguinary punishments, which I am told were 
begun in popish times ; therefore, when I say this, I hope 
I need not to warn any here, not to infer from thence, I 
mean to favour popery. I must confess to you, there are 
many of that profession, who having served my father and 
myself very well, may fairly hope for some part of that in- 
dulgence I would willingly afford to others who dissent 
from us. But let me explain, lest some mistake me, that 
I am far from meaning by this, a toleration or qualifying 
them thereby to hold any offices or places in the govern- 
ment; nay, further, I desire some laws may be made to 
hinder the growth and progress of their doctrines. I hope 
you have all so good an opinion of my zeal for the protes- 
tant religion, as I need not tell you I will not yield to 
any therein, not to the bishops themselves, nor in my liking 
of it, as it is now established ; which, being the standard 
of our religion, must be kept pure and uncorrupted, free 
from all other mixtures : and yet, if the dissenters will de- 
mean themselves peaceably and modestly under the govern- 
ment, I could heartily wish I had such a power of indul- 
gence, to use upon occasions, as might not needlessly force 
them out of the kingdom, or staying here, give them cause 
to conspire against the peace of it."f 

It was in this spirit that the king assumed to exercise his 
" supreme power in ecclesiastical matters ;" and to issue 
his royal declaration for liberty of conscience and a tolera- 
tion for all sorts of dissenters, J " contrary to several acts of 

* Hist, of his Own Time. 
i Speech to Parliament, 18th February, 166f. t March, 167£. 

l2 



160 . THE HOWARD PAPERS. 

parliament, not by abrogation, but only by suspension, 7 * 
By this declaration, the church of England was to be pre- 
served in doctrine, discipline and government, as established 
by law. Places of worship for all sorts of non-conformists 
and recusants, were to be licensed ; excepting recusants 
of the Roman catholic religion, to whom no public places 
of worship were to be allowed ; but only an indulgence 
in the common exemption from the penal laws, and the ex- 
ercise of their worship in their private houses only. # 

The king, writes father Orleans, who was no good chris- 
tian in his actions, but a catholic in his heart, did all that 
could be expected from his easy temper, to maintain the 
common liberty, that so the catholic church might have a 
share in it ; but the church of England prevailed.*!' His 
majesty's declaration for liberty of conscience led to some- 
thing more than apprehensions and jealousies in the hearts 
of his loving people : they became sensible of the great 
dangers and mischiefs to arise from the increase of popish 
recusants ; they beheld the great resort of priests and Je- 
suits in this kingdom, who daily endeavoured to seduce his 
majesty's good subjects from their religion and allegiance; 
and they became disheartened at seeing popish recusants 
admitted to employments of great trust and profit, espe- 
cially to military commands. J But his majesty " had 
found the good effect of his declaration, in securing peace 
at home when he had war abroad ;" and in his address from 
the throne, he said : — 

"My declaration for indulgence to dissenters, hath been 
subject to misconstruction, concerning the papists, as if 
more liberty were granted to them than to the other re- 
cusants; when it is plain there is less But I will 

deal plainly with you. I am resolved to stick to my decla- 
ration And I will conclude with this assurance 

to you, — That I will preserve the true reformed Protestant 

* Echard, v. iii., p. 293. t Ibid, p. 292. 

X Address of both Houses of Parliament, February, 167§. 



THE HOWARD PAPERS. 161 

religion and the Church, as it is now established in this 
kingdom. " # The Commons, however, who "freely took 
notice of the actions of the Court," were ill-satisfied with 
verbal assurances; an address of both houses of parliament 
against papists and Jesuits, followed hot upon his majesty's 
gracious promises ; they took occasion, notwithstanding 
that the king was undoubtedly in law, " of the church of 
England supreme head,' , to question his " power ecelesias- 
tique;" and found themselves in duty bound, seeing the 
dispensing power operated to so alarming a degree in favor 
of popish recusants, to represent to his majesty that penal 
statutes in matters ecclesiastical may not be suspended but 
by act of parliament.^ The king's reply was both reason- 
able and conciliatory ; his resolution gave way to his ne- 
cessities, and the remonstrants so well followed up their 
advantage, that his majesty was driven at length to recal 
his "declaration of indulgence;" and, perhaps in disap- 
pointment, broke the seal with his own hands. J From this 
act may be dated the duplicity of his future conduct: with 
an apparent good grace, on the following day, addressing 
parliament, " My lords and gentlemen," said the king, " if 
there be any scruple yet remaining with you concerning 
suspension of penal laws, I here faithfully promise you that 
what hath been done in that particular, shall not for the 
future be brought into example and consequence. "§ 

The balance that had been sustained by the non-con- 
formist protestants interposing between the church of Eng- 
land and the papists, was now lost by the cohesion of the 
two former against their common antagonist ; and the po- 
pish party, which had rendered itself formidable by obtain- 
ing many places of honor, profit and trust, met with " a 
retribution of their counsels and proceedings,"|| in a bill for 
* l A general test to distinguish between protestants and pa- 

* Speech to Parliament, Feb. 4, 1G7|. t Address Feb. 19, I67f. 

% Echard, v. iii., p. 319. § Speech to Parliament, March 8, 167f. 

|| Echard, v. iii., p. 321. 



162 THE HOWARD PAPERS. 

pists ; to prevent the danger and further growth of popery; 
and for the more easy and speedy conviction of popish 
recusants," which quickly passed both houses of parlia- 
ment and became law. # This act has generally been 
described, " the great bulwark of the Established Church 
in England." George Digby, earl of Bristol, a pervert 
to Rome in the time of the Commonwealth, made the 
last stand in behalf of his party, by drawing a distinction 
between catholics of the Church, and of the Court, of 
Rome : addressing the House by the former description, 
and as " a faithful member of a protestant parliament," to the 
surprise of his auditors, he declared the measure " full of 
moderation towards catholics, as of prudence and security 
towards the religion of the State." Viewing the contest of 
creeds as a struggle for office ; the more powerful, he said, 
purposed by this bill, "to debar their adversaries from 
offices and places, and from accessions of wealth by favour 
of the sovereign. After all, my lords, how few do these 
sharp trials and tests of this act regard ? Only a few such 
Roman catholics as would fain hold offices and places at 
the price of hyprocrisy and dissimulation of their true sen- 
timents in religion. My lords, I am none of those, none 
of those wherry-men in religion, who look one way and row 
another. Upon the whole matter, my lords, however the 
sentiments of a catholic of the church of Rome may oblige 
me upon scruple of conscience, in some particulars of this 
bill, to give my negative to it, wjien it comes to passing ; 
yet, as a member of a protestant parliament, my advice 
prudentially cannot but go along with the main scope of 
it ; the present circumstances of the time, and affairs con-» 
sidered, and the necessity of composing the disturbed 
minds of the people/'f 

* Stat. 25 Car. II., passed 29th March, 1673, the king being present, 
who forthwith prorogued parliament ; before an act for the " Relief of Pro^ 
testant dissenters" was ready for his assent. — Echard, v. vm.,p. 325. 
t Debate, March 15, 167f , 



THE HOWARD PAPERS. 163 

The fears of his party are betrayed in the speech of the 
versatile earl ; nor were they exaggerated by any. The 
duke of York, against whom the measure had been parti- 
cularly directed, resigned the post of High Admiral of 
England, and many popish officers quitted their trusts; the 
whole body of English catholics had been subjected to the 
penal laws against recusancy: the oath of allegiance, indeed, 
might be taken by all, # the test could be taken by none: 
many were prosecuted ; and the hue and cry against popery 
reached the noble house of Howard. On the 27th January, 
following the passing of the Act, the earl of Norwich in- 
formed the House of Peers, that he had been proceeded 
against for recusancy during the sitting of parliament, con- 
trary to privilege ; when it was " Ordered, that the said 
earl (not being a convicted recusant) shall have the privilege 
of parliament, to be discharged of all proceedings had 
against him for recusancy, since the time the privilege began 
and during the continuance of the same privilege; and 
that if any indictment has been brought against him for 
recusancy, during the time of privilege, the same shall be 
brought into the Court of King's Bench; and that the 
king's attorney shall enter a non pros, upon the same."f 

The two sons of the earl of Norwich had likewise been 
selected for prosecution as popish recusants; and availed 
themselves of a dispensation that had not been revoked 
with the king's declaration for indulgence. On Friday, 
the 12th February, 167|, "The House being informed that 

* On Monday, the 16th February, at the adjournment of the House, the 
earl of Norwich, Earl Marshal of England, in the presence of the lord 
Keeper and a competent number of his majesty's Privy Council, kneeling 
at the woolsack, whereupon the lord keeper sits, did take the oath of alle- 
giance provided by the 3rd James the First; the gentleman Usher of the 
Black Rod holding the Bible, and the clerk of the Council reading the 
Oath. — Lords' Journals, v. xii., p. 639. For king James' Oath of Allegiance, 
see Butler, Hist. Mem. of English Catholics, v. L, p. 273. 

t Lords' Journals, v. xii., p. 621. Other catholic peers likewise had 
■orders for privilege, in the same terms. 



164 THE HOWARD PAPERS. 

Henry lord Howard, eldest son of the earl of Norwich, Earl 
Marshal of England, and Thomas Howard, esq., second 
son of the said earl, are proceeded against for recusancy, 
during the sitting of parliament, contrary to privilege, it is 
ordered, that they (not being convicted recusants) shall 
have the privilege of parliament ; and the same was recorded 
in the terms before described.* 

No king was ever more protestant in his public declara- 
tions or speeches to parliament than Charles the Second. 
The security of the protestant religion, as established in 
the church of England, and the " prevention of the growth 
of popery," were subjects of his constant commendation; 
and if he could have retained credit for sincerity, the 
tolerant views with which he commenced his reign had, 
perhaps, been more successful. Nothing could be more in 
agreement with the liberal views of the present day than 
the policy he had been disposed to admit ;f but, observes 
an historian, "when the king's affectation of boasting 
continually his zeal for the protestant religion, and against 
popery, is considered ; and when, on the other hand, it is 
remembered that he had abjured the protestant religion, 
and had a chapel secretly in his palace where he daily 
heard mass, and sometimes even communicated the same 
day at his protestant and popish chapels, one knows not 
what to think of such monstrous dissimulation. "J Harsh 
term ! that bespeaks ignorance of public policy, as under- 
stood by the emancipators of our own time. By a refine- 
ment of Digby's Jesuitical doctrine, the king, in his majesty 

* Lords' Journ., v. xii., pp. 620, 635. 
* The (t country party " of Charles the Second's time, urged that there 
ought to be no tests beyond the Oath of Allegiance : that all tests in public 
assemblies are dangerous, and contrary to public liberty. The peace of the 
world is best secured by good laws and good government. That oaths and 
tests are no security ; the scrupulous might be fettered by them ; while the 
bulk of the world would boldly take any test and as boldly break through 
%— Burnet, Hist. Own Time, v. ii., p. 72. Svo. ed. 
% Rapin, v, ii., p. 673. 



THE HOWARD PAPERS. 165 

" supreme head " of the church of England, attended pro 
testant worship ; it was Charles Stuart alone who went to 
mass ! # 

Nevertheless, a protestant parliament enacted laws, and 
a protestant king promulgated them ; for " I will not be 
wanting," he said, " to let my subjects see, that no care can 
be greater than my own in the effectual suppression of po- 
pery; and it shall be your faults, if in your several counties, 
the laws be not effectually executed against the growth of 
it."f Appearances would make it so, for on the 14th 
November, his majesty was pleased to summon in council 
the two lord chief justices and the lord chief baron, and to 
command them to consider the most effectual means of 
putting the laws in execution for preventing the growth of 
popery ; and at the same time was particularly pleased to 
order " That no person who is a Roman catholic, or is re- 
puted to be of the Roman catholic religion, do presume, 
after the 18th of this instant, November, to come into his 
majesty's royal presence, or to his palace, or to the place 
where his Court shall be. "J This order was made known 
in a new proclamation against the papists, — the eighth of 
its kind ; — "the negligent execution/' it has been observed, 
"being very visible from the number :"§ and on the 10th 
December, the king in council declared the like interdiction 
against popish recusants, or any reputed to be so, presuming 
to come into St. James's House, or into the park adjoining; || 
so that, observes the archdeacon of Stowe, the king seemed 
to have taken all reasonable care to put an end to the fears 

* Not more anomalous thau the actual results of modern legislation. 
As an illustration, — to descend a capite ad calcem, — the duality of public 
officials was complete, when a Jew lord mayor appointed a protestant 
chaplain, and — (of course in his official person only) — attended protestant. 
worship! t speech from the Throne, November 4, 1673. 

\ Echard, Hist. England, v. iii., p. 339. § Rapin. 

|| The penalty was, committal to the tower or to the common goal, ac- 
cording to the rank of the offender. — Kennet, Hist, Engl., i>. iii-, p. 302. 



166 THE HOWARD PAPERS. 

and apprehensions of the growth of popery . # The earl of 
Norwich was subjected to some personal inconvenience by 
the regulation; and the king himself, in his intercourse 
with his friends. 

In addition to his own personal dignity, it happened at 
this time, that spiritual honors added a flickering and 
doubtful lustre to the House of Howard. Philip Howard, 
(the dominican friar who had caused so much mental dis- 
tress to his grandfather, Thomas earl of Arundel,f) younger 
brother of the earl of Norwich, had been by Clement the 
Tenth, advanced to the purple, and became a jewel in the 
family tree by the title of Cardinal of Norfolk. J The 

* Echard, Hist. Engl., v. Hi., p. 339. " I feare," wrote the earl of Nor- 
wich to his brother, " that our miseries and disorders here, are much more 
likely to increase then to decrease, of which God only can foresee the 
event." — Tiernay, Hist. Arundel, p. 533. 

t Evelyn, Diary, v. L, p. 219. 

% Philip Howard, third son of Henry Frederick earl of Arundel and the 
lady Elizabeth Stuart, was born at Arundel House in the year 1629. At 
the age of eleven years, with his brothers Thomas and Henry, he appears 
to have been entered Fellow Commoner of St. John's College, Cambridge. 
— Athen. Oxon., ed. Bliss, v. i., p. 622, n. The residence of either his 
brothers or himself, however, could only have been of short duration ; for not 
long afterwards they were with their grandfather, Thomas earl of Arundel, 
in Italy, where Philip, a youth of fifteen, being " seduced by an Italian 
Dominican friar," absconded to Cremona, and there became a monk of the 
order before named. Great efforts were made to reclaim him ; and the earl 
of Arundel appealed to the Pope without effect. Ordained priest, at the 
restoration of Charles the Second, he became one of the queen's chaplains, 
and was afterwards appointed lord Almoner to her majesty. On the 23rd 
January, 166f, Pepys went to St. James's, to see the organ. " I took my 
lord Brouncker with me," writes the diarist, " he being acquainted with 
my present lord Almoner, Mr. Howard, brother of the duke of Norfolk. . . . 
The Almoner seems a good natured gentleman. He discoursed much of the 
goodness of the musique in Rome ; and of the great buildings which the 
Pope (whom, in mirth to us, he calls Anti-christ,) hath done in his time." 
They visited the monastery and the chapel ; went into the cells of the 
priests, and saw one of them, with his hair clothes to his skin, bare legged, 
his cord about his middle, with a sandal only; and his little bed without 
sheets, and no feather bed ; " but yet I thought soft enough," adds the 
diarist; " and in so good company, living with ease, I thought it a very good 



THE HOWARD PAPERS. 167 

earl of Norwich was much flattered by his brother's eleva- 
tion, and made some sacrifices to maintain the Romish 

life." In the refectory, every man had his napkin, knife, cup of earth, and 
basin of the same; and in the kitchen a good neck of mutton at the fire; 
and other victuals boiling; so Pepys, half envying the comforts of the 
capuchins, " their windows all looking into a fine garden and the park," 
took his departure; and "away with the Almoner in his coach, talking 
merrily about the differences of our religions, to Whitehall, where we left 
him." The Almoner's lodging partook rather of the Sultan's palace than the 
monk's cell, and beeame no less an object of admiration; for " I doe observe," 
says Pepys, " the counterfeit windows there was, in the forme of doors, 
with looking glasses instead of windows, which makes the room seem both 
bigger and lighter I think :" and one of the conveniences of his study 
appears to have anticipated a modern luxury : " here I observed," he con- 
tinues, " the deske which he hath, made to remove, and is fastened to one 
of the arms of his chayre."— Diary, v. iii., p. 381. 

The parliamentary measures against the growth of popery, and the king's 
prohibition of Jesuits and the Romish priesthood, — Father Huddlestone, 
the queen's confessor, alone excepted (Proclamation 12th February, 1674J 
compelled Mr. Philip Howard to retire to Flanders ; and the Papacy marked 
the English persecution by nominating him a member of the Sacred Col- 
lege, " Protector of England, and chief director of the Catholic affairs in 
that kingdom :" to this, let it be added, that he retained his appointment 
under the queen. Mr. Howard was at the bishop's palace at Antwerp, when 
he received the insignia of investiture, and to the satisfaction of his family, 
assumed the title of Cardinal of Norfolk. He made his public entry into 
Rome with a noble retinue, accompanied by his uncle, the viscount Stafford, 
his nephew, Mr. Thomas Howard (son of the earl of Norwich), Mr. John 
Howard (son of the viscount); and Dr. Leybourne, president of the Eng- 
lish college at Douay, who was appointed the cardinal's secretary. — Wood, 
Athen. Oxon., v. i.,p. 622; JDodd, Church Hist., v. iii., p. 445. 

Letters from Rome, and the relators of popish plots, have been busy with 
his name ; Luttrell refers to reports. — Diary, v. i., p. 423 ; iii,, pp. 108, 247 : 
If James the Second had succeeded in establishing popery, perhaps the 
Cardinal of Norfolk might have been archbishop of Canterbury, and Ley- 
bourne dean of St. Paul's. Bishop Burnet, who went to Rome in 1685, 
gives the Cardinal credit for moderate measures, becoming the wisdom of 
the Pope's advanced guards. He died at Rome, in 1694, He hath left his 
estate, says Luttrell, to the convent of English Dominicans, near Bruxelles 
who are to pay some legacies out of it, particularly 1000 crowns to the lord 
Arundel of Wardour. — Diary, v. iii , p. 341. 

To perpetuate his name and to the honor of his order, Cardinal Howard 
founded a small house of Black Friars, at Bornholm, on the Scheld, be- 
tween Ghent and Antwerp ; and another of the same order for women, at 



168 THE HOWARD PAPERS. 

dignitary in the glory of his state. Father Howard had 
for some years held the appointment of lord Almoner to 
the queen ; and the story of his elevation to ecclesiastical 
rank, as it affected his family at home, was the subject of 
letters from the earl of Norwich. 

" Emi mo et Rev mo Sig re ," writes the earl to his brother,* 
" Although I had much difficulty at first, about your Em. 
affaires, how I could correspond with you, for feare of of- 
fending our masters here, yet I found it so necessary, not 
alone in order to your Em. service, but to the preservation 
of mine and families interest and credit abroad, that I write 
to yourselfe, and also to L d - Patrone *f- and Barbarino that 
I have swallowed all apprehensions of difficulty at present, 
and henceforward never more to correspond, more then to 
order Mr. Hay to write to Mr. Thomas Grane,J who will 
inform your Em. of all my concernes. And therefore now 7 , 
once for all, desire that whatere Mr. Hay shall write to 
him, may pass as my owne sence to your Em ..... 

"All yesterday and this day I spent in preparing what 
you desire, and this very night I am going to supp with his 
ma*y and the duke,§ at the prince of Newburgh's,|| where, 
since I cannot now meet them at Westminster, nor conve- 
niently go to Whitehall,^ I will make your compliments, 

Brussels. Of the former, Butler gives the year 1658, as the date of foun- 
dation. — Hist. Engl. Catholics. 

* June if, 1675. t Card. Altieri. 

% The name under which the Cardinal thenceforward carried on most of 
his correspondence with England. 

§ Of York, afterwards James the Second. 

|j Philip William, son of the duke of Newburgh before mentioned (p. 157). 
In 1675, he visited England, attended with a retinue of about fifty followers. 
On the 13th May, he was entertained at Court, and received with particular 
demonstrations of esteem for the sake of the duke, his father, who had 
shewn remarkable civilities to his majesty in exile. — Echard, Hist. Engl, 
v. iii., p. 400. 

^ In consequence of the prohibition. " Intolerance," observes Mr. 
Tiernay, " must have gained a fearful ascendancy, when the sovereign could 
not venture to receive a catholic, though the first and most faithful of his 



THE HOWARD PAPERS. 169 

and ask if they desire you should write or not. Next day, 
I will go to the Portugall ambassador, and, by his advice, 
address to her ma ty , and by the lord Peterborow to the 
dutchess. # 

" J send the two letters for Rome, written with my owne 
hand. I would have said much more of the causa di Dio, 
&c, but I durst not : and pray let their Em ces f know I 
would, had I durst, have expressed the joy, gratitude, and 
concerne of my family herein much better : but time will 
shew 1 am sensibilissimo del Jionore 

" I hope her ma ty will still continue your office under 
her, which I thinke will be no solecisme for either ; for I 
am really in pain to know how for the future you will be 
annually supplied. "J 

As to immediate resources, and aid in case of need : " I 
desire your Em ce to reckon upon it," writes the earl, " that 
I ever will be a true friend, as well as a kind brother, to 
one who has ever been so kind and sincere to me in all my 

subjects, at Whitehall; and when that catholic was compelled to shelter 
his correspondence with his own brother, under the protection of a fictitious 
address." — Hist. Arundel, p. 530. 

* Of York? The young and beautiful Mary d'Este, princess of Modena, 
to whom the duke had been married about eighteen months. The match 
had been negotiated by the earl of Peterborough, and consummated by the 
same person, according to the form used among princes. — JZckard, v. in., 
pp. 332, 339. The " growth of popery " was observed in the alliance, and 
it became the subject of grave remonstrance from the Commons to the 
king. — Ibid., p. 336. The earl of Norwich repeating, " that the king and 
duke desire your letters;" adds, " therefore fail not to the dutchess too. I 
was this morn to have spoke with the lord Peterborow about the comple- 
ment to the dutchess, but he is out of town." — Ticrnay. 

t The Cardinals Altieri and Barbarino, to whom the letters were ad- 
dressed, and by whose influence the elevation of Philip Howard had been 
obtained. 

X In a subsequent letter, to Mr. Hay, the earl notifies her majesty's plea- 
sure in the retention of the office by the cardinal; and as to his general re- 
sources, adds : " I should be glad finally that Mr. Grane would write to 
Mr. Hay, how he believes your Em. purposes to live for the future, and out 
of what fonde or yearly revenue, that my opinion and help may be best 
applyed." — Tiernay, Hist. Arundel, p. 533. 



170 THE HOWARD PAPERS. 

concernes And for the first earnest of my part, I 

am providing, and by the next post (certainly depend upon 
it), I will send your Em. a bill of a thousand pounds ster- 
ling, payable at sight, at Antwerp ; and I hope one day, at 
your owne best leisure, your condition will be so good, as 
that before or at your death, you may with ease repay it to 

me, or those I leave behind me to receive it I am 

going in August next into Cumberland, and hope at my 
return I may furnish your Em. with a thousand more on 
the same terms.* I am glad to see in Mr. Hay's letter, of 
the generous offer or presents of the card, padrone, and the 
great duke, in which particular I cannot, at this distance, 
take upon me to advise; but answear only for myselfe, that, 
at every turne, I will be a sure carde, not to faile you in 
time of the greatest need. And if you can but rubb out 
for the present, I hope some veschovatef or other church- 
livings, will so capacitate you as to need little more 

hence. "J 

The ducal state was to contribute to the lustre of the 
cardinalate : the earl continues : " I believe Dr. Yerbury,§ 
has by this, good store of silver plate, and some very good 
moveables, at Padua. I freely offer all that to your pre- 
sent service to go to Rome, for a yeare, two, or three, till 
your own condition may be better : and do consent, if you 
please, to put out the arms, if any were now graven upon 
such plate, and put your's in the place, the which, at your 
return of it hereafter, may again be altered, or no hurt 
neither if it remaine."|| 

* " Hence it appears," says Mr. Tiernay, " that the funds which the 
Cardinal at the time was reported to have received from king Charles; and 
which, on the authority of Anthony a Wood, {Athen. Oxon. v. i., p. 273,) 
have ever since been said to have been supplied by the Pope, were actually 
derived from his brother." — Hist. Arundel. It does however appear probable 
that the Cardinal was in the receipt of £2000 per annum "bounty," from the 
English Court. — Secret Service Expenses, §c, 4to. f Camden Society, 1851. 

t Vescovado, a bishoprick. % Tiernay, p. 532. 

§ The medical custodian of the duke. || Tiernay, p. 533. 



THE HOWARD PAPERS. 171 

The equipage and liveries were matters of lively concern ; 
and there is an indication, — or it was an ebullition of the 
wine cup, — that the Court of England should have con- 
tributed to the Cardinal's triumphal progress ; for the earl 
writes : " That the coach, or chariott, and six, was but a 
fancy, and a wyde discourse: besides, the very chariot 
now, you know, is given to the prince of Newburgh."* 

" Thus farr I wrote last night, till I was hurried away in 
hast, to attend his ma ty at the prince of Newburgh's, where, 
before supper, I spoke at large to the king and duke all 
your Em. complements, &c. ; and not to trouble you with 
an unnecessary repetition, in short, his ma ty first, and you 
may believe, very particularly his royal highness, bad me 
write you word all your heart can wish or expect of kind- 
nes ; and both not only permitt, but desire you should write 
freely to them, and, I judge, by the Portugall ambassador's 
means the properest, since I, for severall reasons, avoid such 
intrigues as publique ministers may more dexterously and 
safely manage. I was this morning with, and just now 
come from, the Portugall ambassador, and made a most 
ample complement, in my owne, and all the family's name, 
of thanks to her ma ty , and his excellency next, for their 
favor, &c. in your concerne. He tells me, since I dare not, 
as you know, go to Whitehall, that, next holyday at 
Somerset House, t he will introduce me to say all my 
abovesaid complements to her ma ty * He told me also his 
readiness to serve you, and hopes to stirr up the queen to 
make some good present to your Em " 

The letter is hurried to a conclusion, by the messenger, 
" Mons. Bloys, of Brugges, calling in hast, his shipp at- 
tending ; besides which," says the earl, " I must confess I 
was disordered with drinking, farr beyond my custome, till 
4 this morning; so as, judge how fitt I am to write any 

* Letter to Mr. Hay. — Tiernay, Hist. Arundel, p. 535. 
t The queen's lodgings ; and where she continued to reside until she left 
England. Her chapel was much frequented. 



172 THE HOWARD PAPERS. 

more at this time. But your Em ce is partly the occasion of 
engaging me last night in so good company, to this so un- 
expected disorder. Howere I have bin, ere since nine of 
the clock this morne, about towne, and so, will now go 
sleep, instead of dining, and close my letter as I began, 
with the assurance of your Em ce that time shall shew that 
I am in all sincerity, and without compliment, of your Em. 

" The most humble and most devoted servant and brother, 
" Norwich and Marshall."* 

The same letters that disclose so much brotherly affec- 
tion between the earl of Norwich and cardinal of Norfolk, 
referred to animosity with other members of the family.^ 
The settlement of 1646, made by their father, Henry earl 
of Arundel, had become a subject of family disagreement 
among the brothers. The earl of Dorchester, the surviving 
trustee, had been induced to assign his trust ; the assigneej 
had conveyed to the earl of Norwich ; and some legal tech- 
nicalities had been performed for the assurance of a title 
at law in the new possessor of the trust estate. " A great 
dispute," writes Sir John Reresby, " about this time arose 
between the lord Marshal, the earl of Norwich, (though 
commonly called duke of Norfolk) and his younger bro- 
thers ; they not only petitioned the House of Commons in 
behalf of themselves,^ but also of their elder brother, the 
duke, whom the said lord Marshal kept up at Padua as a 

* Tiernay, Hist. Arundel, p. 530. t Ante, p. 138. 

t Richard Marriott, esq., attorney for the earl of Norwich. 
§ On Wednesday, the 20th March, 1676, was presented "A petition of 
Edward and Bernard Howard, esqrs., and Alexander Macdonnell, esq. and 
the lady Elizabeth, his wife, sister of the said Edward and Bernard Howard, 
which concerns the marquess of Dorchester, the earl Marshal of England, 
and the earl of Peterborough, in point of privilege of parliament, being 
trustees for and on behalf of the petitioners." — Lords' Journ., v. xiii., p. 
80. And a few days afterwards was presented " A petition of Edward and 
Bernard Howard, two of the younger brothers of the Right Honorable 
Thomas duke of Norfolk, to whom the honor and dignities, as well as the 
estate, may in possibility descend." — lb., p. 86. 



THE HOWARD PAPERS. 173 

lunatic, though perfectly in possession of his senses, praying 
that the House would be pleased to move the king to 
oblige the Marshal to send for him into England.* Upon 
this a debate arose in the House, every one delivering his 
mind according to his belief or prejudices; till at length 
the gentlemen of the House, who had been at Padua, were 
desired to give their opinion as to the condition of the duke. 
Upon this occasion, I declared that at the time I saw him, 
he laboured under all the symptoms of lunacy and distrac- 
tion/'f 

The younger brothers, for the moment, were referred to 

* A message from the Commons, desiring the concurrence of the Lords 
for an address to the king, with the object described, had been received 
long previously, namely, on Monday, 9th February, 167|. — Lords' Journ., 
v. xii., p. 631. The motion was probably renewed, and being withdrawn, 
is not found on the Journals. 

t Memoirs, p. 42. " This being carried to the lord Marshal, who was 
very conscious," adds Sir John, " that I was indebted to him for no obli- 
gation, he sent a gentleman to me the next day, to thank me for my 
generosity to a person who had not seemed to have been so much my 
friend as he ought to have been; and touching lightly on the affair of the 
blackamoor, he said he intended to wait on me to give me some further 

satisfaction as to that Reresby anticipated my lord's obliging 

condescention; and they parted with all possible demonstration of friend- 
ship. There had been " some differences at law " between the parties, and 
the " affair of the blackamoor " had not allayed the grief. A black servant 
belonging to Sir John Reresby having died, a report of unfair usage, which 
had obtained currency, suggested to certain courtiers, the possible convic- 
tion of the master for a felony; and, as a consequence thereof, — the for- 
feiture of his estate to the crown. The fate of the blackamoor was of little 
concern with the courtiers; but it came to the ears of the suspected knight, 
that his estate had been an object of solicitation at Court, — and had 
actually been granted aicay from Ms family, — in the event of his 
conviction ! Sir John Reresby met the case, by a coroner's inquisition 
relieving him from the imputed charge; and he went to Court to demand 
inquiry. It did afterwards appear, that " Mr. Felton, of the Bedchamber, 
had begged the estate of the king" (lb., p. 50); and Reresby adds, that 
" My lord Yarmouth and lord Henry Howard had both given themselves 
the lye." — lb., p. 54. But the first grantee had so far secured his claim as 
to have entered a caveat in the proper office, against the pretension of any 
later supplicant ! 

M 



174 THE HOWARD PAPERS. 

their remedy at law ; the duke,— despite the renewed agi- 
tation of party zeal, or the less excusable endeavours of 
affected family regard, — remained under the same supervi- 
sion and restraint, — insensible to the last of the splen- 
dour of his inheritance, or of the honor the king had re- 
stored to his family in his person.* Divested of the cruel 
mockery that had sought the decoration for the maniac's 
brow, how sad is the remembrance of his fate ! 

Will fortune never come with both hands full; 
But write her fair words still in foulest letters? 
She either gives a stomach and no meat, — 
Such are the poor — in health ; or else a feast, 
And takes away the stomach! 

"The duke of Norfolk, a lunatick, dyed at Padua, the 
1st December last," writes Sir William Dugdale, "so that 
now our Earl Marshal hath all his titles."f The proud 
man, who, as commoner, added " Norfolk " to his name,J 
now signed "Norfolk and Marshall," simply, without dero- 
gation of precognisance. He had attained to the highest 
rank of nobility within reach of his ambition. On Wed- 
nesday, the 15th January, 167^, he took his place, and sat 
in the House of Peers, as duke of Norfolk, on the decease 
of his brother, the late duke.§ Hallowed in the distance 
of time, how great the remembrance of his ancestry ; be it 
in their valour, their intrigues, their loyalty, their treasons, 
or their sufferings. Premier duke ! first in rank of nobility 
below the blood of the throne, by representation of many 
generations, how distinguished the honor ! The unhappy 

* Tiernay, Hist. Arundel; Fam. Mem. by H. Howard, of Corby, esq. 

t Letter to Thomas Blount, esq , dated " Herauld's Office, 8th January, 
167f." — Hamper's Life of Dugdale. Dugdale had been appointed Garter 
King at Arms, the previous year, on the decease of Sir Edward Walker; 
the earl of Norwich having most stoutly contested his prerogative of no- 
mination." — Ibid. 

X Ante, p. 117. The signature, from its deduction in feodal heraldry, 
has always been the note of quality. Did not master Shallow " write him- 
self, in any bill, warrant quittance or obligation, Armigero?" 
§ Lords' Journals, v. xiii., p. 129. 



THE HOWARD PAPERS. 175 

imbecile, who so long a time had interposed between these 
envied honors and their enjoyment, at length had been 
mercifully removed ; and left the world for a more stable 
spirit to bustle in his place : but — the chance came late, — 
the time was out of joint. The entails too, that hitherto, 
while the elder brother lived, had given so little elbow room 
to his successor, should now have left him free to count his 
gains. But here, whatever might have been his close intent, 
like the ambitious Gloucester, he ran before his horse to 
market. Short was his hour of pride, and full of trouble. 
"All that cometh,'' saith the preacher, "is vanity." And, 
" Better," observed the wise man, " is a dry morsel and quiet- 
ness therewith, than a house full of sacrifices with strife." 
The duke had taken his seat in parliament not many days, 
when the younger brothers and sister renewed their appeal 
by petition to the lords in parliament, setting forth " some 
matters wherein the duke of Norfolk is concerned. " # They 
were all children of the same parents, and though the peti- 
tioners had no interest in the lands inheritable with the 
dukedom, they had rights under the hand and seal of their 
father; and they looked to the duke as the trustee of their 
claims on his estate. The appeal was attended with more 
success than on the former occasion ; and it was ordered, 
" that the duke have a copy of the said petition." On 
Monday, the 25th February, the duke acquainted the 
House, " that by reason of his late illness, he could not 
give any answer to the petition of his brothers, Edward 
Howard and Bernard Howard, and his sister, the lady 
Elizabeth Macdonnell, presented to the House concerning 
him; but will be ready to do it very suddenly. "f The 
House, however, was prorogued before the duke was pre- 
pared with his explanation ; and finding, perhaps, that his 

* Lords' Journals, v. xiii., p. 143. The petition of Edward and Bernard 
Howard, the sons, and the lady Elizabeth Macdonnell, widow, and only- 
surviving daughter of the right honorable late earl of Arundel, deceased, 
was presented on Friday, 8th February, 167f. t Ibid, p. 161. 

M2 



176 THE HOWARD PAPERS. 

elbow-room was still in some sort controlled by trusts, he 
met the case by negotiation without the walls of parliament ; 
and the more readily to fulfil present engagements, in the 
month of May, in conjunction with the duchess, the lady 
Jane, his wife, he sold another portion of the Talbot inherit- 
ance, — namely, his one-third part of the manor or lordship 
of South Wingfield, in the county of Derby.* 

Besides the debts of his ancestors, which the duke, with 
so much wisdom and good management had discharged, he 
likewise essayed the rebuilding of some of the family man- 
sion-houses that, during a long period of disastrous years, 
from political events, had suffered damage and decay. 
Arundel House was taken down, with the design of replac- 
ing it with a palace, — honor to the restored dukedom ! — to 
be called Norfolk House.f In the mean time he had im- 
proved and decorated, if not rebuilt, a convenient and quiet 
retreat at Wey bridge, in Surrey, which had come to him 
by his second marriage. Thither he had removed in the 
summer of 1678 ; and there he had his quondam flatterer 
for a guest, j 

On the 23rd August, Evelyn relates that he went to visit 
the duke of Norfolk, at his new palace at Weybridge ; but 
it was "at Sir Robert Reading's importunity." He had 
not been consulted in the improvements. The place was 
not to his mind ; — perhaps he had no sympathy with it ; for 
it was the inheritance of the " concubine ;" and he met her 
there. "There was at Weybridge," he writes, "The duchess 

* Deeds dated 28th May, 1678.— Add. MS. (in B. M. Lib.,) No. 6707, 
fo. 6, 87. An elaborate pedigree of the Talbot family and its connections, 
lords of South Wingfield, is in the same collection, No. 6677, fo. 165. 

t An act of parliament had been obtained for rebuilding Arundel House, 
as far back as 1671. The same object, with its new name, was included 
in the act of 1679. — Lords' Journals, v. xiii., p. 549. 

t Evelyn had dined with the duke — the first time since his elevation, 

on the 23rd January. But, flatterer no longer ! It was then the diarist 
added : " The duke had now newly declared his marriage with his concubine, 
whom he promised me (!) he never would marry." — Diary, v. ii., p. 118. 



THE HOWARD PAPERS. 177 

of Norfolk, lord Thomas Howard (a worthy and virtuous 
gentleman, with whom my son was some time bred in 
Arundel House # ), who was newly come from Rome; also 
one of the duke's daughters by his first lady.f My lord, 
leading me about the house, made no scruple of shewing 
me all the hiding places for the priests, and where they 
said mass ;"J but this confidence in no way inspired ad- 
miration. Convenient as may have been the arrangements 
for a papist, in the year 1678, the duke, he says, "hath laid 
out in building near ten thousand pounds, on a copyhold, 
and in a miserable barren sandy place by the street side. 
Never in my life," he exclaims, " had I seen such expense 
to so small purpose. § The rooms are wainscotted, and 

* Poor Evelyn! The reminiscence of so distinguished an honor must 
needs have a parenthesis. Fifteen years before, he had twice found occa- 
sion to refer to the same flattering circumstance, when recording a visit 
from Mr. Howard's children; rt my son John having been some time bred 
up in their father's house." But there was contamination in the honor 
he so much cherished ; and he adds a mem. of the stern necessity for the 
severance of the youthful playmates. — Ante, p. 123. 

+ The lady Frances Howard. In 1680, she was married, in Flanders, to 
the marquess Valparessa, a Spanish nobleman : not a very fortunate alli- 
ance, if inferences may be drawn from facts. In a codicil to his will, dated 
January 5, 1683, the duke leaves " to his daughter, the lady Frances, mar- 
chioness Valparessa and her child, ten pounds per mensem, from the date of 
his decease, for one year; and if by that time her husband did not fetch 
her away, he directs one hundred pounds to be expended in taking her and 
her child to her husband at Madrid; and desires his son Thomas to see 
that this be done." — In Cur. Prcerog. Cant. 

X Evelyn was more fortunate in his information than Mr. Manning; 
who, describing the old house, says : " Up stairs are many passages and 
many small rooms. In the attic story is a room with a coved ceiling, used 
by king James as a chapel; within it is his bed-room, from which there is 
a private passage'; and some small cupboards, called barracks, where his 
guards (who could have been very few) used to sleep." — Hist. Surrey, v. 
ii., p. 788. 

§ Manning, who visited the place in its decay, says, " Ham, is an old 
mansion house, standing in a small park, at the conflux of the Wey and 
the Thames. It was formerly the Howards. The ground is flat, and there 
is little prospect. Near it are many very large cedars and firs, the largest 
perhaps in England." — Ibid. An earlier visitor describes the house as a 



178 THE HOWARD PAPERS. 

some of them richly pargeted* with cedar, yew, cypress, 
&c. There are some good pictures, especially that incom- 
parable painting of Holbein's, where the duke of Norfolk, 
Charles Brandon, and Henry VIII. are dancing with three 
ladies, with most amorous countenances and sprightly 
motion, exquisitely expressed.^ It is a thousand pities, 

large handsome structure, regularly built, of brick, with a fine lawn before 
the garden front. The grounds, about five hundred acres, are fenced in 
part by a fine sweep of the "fruitful Thames," and intersected by the famed 
" Virginia Water," winding its gentle course from the great park of Wind- 
sor. Less ornamental, by Pope's description, the navigable and — 

— chalky Wey, that rolls a milky wave, 
in its junction with the Thames, forms the limit of the property on the east. 
Although no natural hills gave the notion of excavating a Pausilippe, 
there were capabilities for improvement that might have exercised the talent 
of an Evelyn. A fine command of water suggested the construction of an 
elegant cascade, in a solitude where the graceful swan moved in silence 
beneath the branches of the drooping willow : while pleasant views from 
the garden and the beautiful terrace on the Thames bank, afforded lively 
contrast to the contemplative shade of the Acacia grove. These and other 
improvements, however, were reserved for the taste of the fascinating 
Catherine Sedley, countess of Dorchester, who resided here, after the estate 
had passed from the Howards.— Zo?iekm and its Environs described, 1761. 
— Dodsley. Early in the present century, the last brick of the mansion 
had been carried away, and the green sward flourished over the site. 
* Parqueted ? Fr. parqueter, to inlay. 

t It represents three royal pairs dancing in a meadow, with a magnifi- 
cent building at a distance; they are Henry VIII. and Anne Boleyn; and 
his sisters, Margaret, queen of Scots, and Mary, queen of France, with their 
second husbands, Archibald Douglas and Charles Brandon. This was 
Virtue's opinion. If, observes Walpole, the tradition that the picture repre- 
sents only English personages, were not so well grounded, I should take it 
for a French composition. The person in the middle is a black swarthy 
man with a sharp beard, like Francis the First, and resembling neither the 
dukes of Norfolk or Suffolk ; the former of whom is never drawn with 
a beard, the latter always with a short square one : add to this, that the 
figure called Henry VIII. (which certainly has much of his countenance) is 
in an obscure corner of the picture, and exhibits little more than the face. 
The painting is said to have been begun in France, by Janet, and might 
have been re-touched by Holbein, as it was probably painted for his patron, 
the duke of Norfolk. — Anecdotes of Painting in England, v. i., p. 152. 
The criticism of Virtue is as curious as the painting; and whether it was a 



THE HOWARD PAPERS. 179 

(as I told my lord of Arundel, his son,*) that that jewel 
should be given away."f 

The king was at Windsor ; and Evelyn tells, that on the 
25th, he went in the evening with " my lord duke " to the 
castle. There was a most magnificent Court, it beinp; the 
first time of his majesty's removing thither since it was 
repaired. J The Court, however, had been there since the 
] 4th ; the king, his evenings amused in its brilliant circle, 
passed his days in fishing, and walking in the park, much 
better pleased with retirement than with the hurry of the 
gay and busy world. § Indeed, his majesty appears to have 
made himself particularly happy, considering it had been 
so recently disclosed to him || that " two men, called honest 
William, and Pickering,^]" were watching for an opportunity 

" tacit satire " on the majesty of England, not unconnected with certain 
supposed ambitious pretensions of the House of Norfolk, remains a question 
as Walpole left it, — ut supra. 

* Afterwards duke of Norfolk; lord Mowbray, by writ of summons to 
parliament, vitiL patris ; Arundel, by courtesy. 

f Diary, v. ii., p. 120. It will be gratifying to the shade of Evelyn to 
know that it was sold — about half a century afterwards — with the remainder 
of the Arundel collection; and then became the property of the father of 
Col. Sothby, the possessor in Walpole's time. — Anecdotes of Painting, 
v. i., p. 151. 

$ Diary, v. ii., p. 120. § Reresby, Mem. 

|| On the 13th August; his majesty having engaged himself to go to 
Windsor, with the Court, on the morrow. — Echard, 

% William Ireland and Thomas Pickering, both priests, were arraigned 
at the Old Bailey on the 17th December, for high treason, on the charge of 
a design to subvert the Government, and to murder his majesty's person. 
Oates deposed that at the "grand consult," on the 24th April, at the White 
Horse Tavern, in the Strand, Ireland being present, it was agreed to go on 
with the design of murdering the king; that John Grove, a lay-brother, 
also indicted, should have fifteen hundred pounds for his reward; and 
Pickering, being a priest, thirty thousand masses, at twelve-pence a piece, 
which would make the same sum ! That the resolve was drawn up in wri- 
ting, and signed by the parties in presence of the witness. Oates moreover 
declared, that he had seen the prisoners several times walking in the park, 
with long screwed pistols (shorter than some blunderbusses), watching their 



180 THE HOWARD PAPERS. 

to shoot him," and might then be expected behind every 
bush; moreover, that Sir George Wakeman, physician to 
the queen, had been hired to poison him. # 

At this time, we are told, ease and plenty increased in 
the country, trade and riches abounded in the city, luxury 

opportunity : he had also seen the silver bullets to shoot with; which Grove, 
more cruel than the others, would have had " champt, to render the wound 
incurable." Thrice had their villainous attempt proved abortive; — once, 
"the flint was loose, and the ruffian durst not give fire;" again, "there was 
no powder in the pan ;" and a third time, " the pistol was only loaded 
with bullets!" Such is the special Providence that doth protect the life of 
an anointed king ! 

In defence, the prisoners solemnly denied the charge; Pickering declared 
he had never seen Oates before; and Ireland objected against the evi- 
dence, that it could be proved by many persons he was himself in Stafford- 
shire, and that Oates was at St. Omer's at the time he had sworn to the 
meeting in London. The prisoners were convicted, and received the sen- 
tence of traitors; but their execution was long delayed by the unwilling- 
ness of the king to sign the warrant. 

On the trial of Oates for perjury, it was proved by two-and-twenty wit- 
nesses, that he was at St. Omer's at the time he had sworn to the grand 
consult at the tavern in the Strand; and by many more, that Ireland was 
in Staffordshire, as he had stated. Nevertheless, the " grand consult," or 
a meeting that Oates dignified by that name, had really taken place on the 
day named ; and in examining the particulars of his plot, there will fre- 
quently be found some fact that had come to his knowledge, on which he 
had erected his fictitious superstructure. In this case, his knowledge was 
but slight ; had he known more, perhaps he had been less inventive; for Sir 
John Reresby, referring to the perjuries of Oates, says: "The king [James 
the Second] observed to him, ' Indeed, there had been a meeting of the 
Jesuits that day; that all the scholars of St. Omer's knew it; and that it 
was well Dr. Oates knew no better where it was to be ; for, said his majesty, 
they met at St. James's, where I then lived ; which, if Oates had known, 
he would have cut out a fine spot of work for me.'" — Mem., p. 195. 

* Sir George Wakeman was brought to trial at the Old Bailey on the 
18th July, 1679, and acquitted. On this trial, Oates swore, that being at 
Somerset House, he had heard a woman's voice say, " she would assist 
Wakeman in poisoning the king;" and that on entering the room, the only 
woman there was the queen : that he had seen a letter in the hand-writing 
of Wakeman, addressed to Ashby, the Jesuit, in which he had repeated the 
promised assistance of the queen : and that he had seen an entry in the 
"Jesuit's Entry-Book," to the effect: " Memorand. such a day of August, 
£15,000 was proposed to Sir George Wakeman, which he accented." 



THE HOWARD PAPERS. 181 

and pleasure triumphed in the Court. # The session of par- 
liament had closed without any great complaint of the 
growth of popery; the marriage of the princess Mary with 
the prince of Orange having in some measure counter- 
balanced the less promising alliance of her father, the duke 
of York; and although "it had taken air and been under- 
stood that there was a resolution to give no more money 
until satisfaction had been obtained in matters of religion/' 
his majesty, on the other hand, had plainly given his par- 
liament to understand, " that he would not for the future 
suffer the old course and method of passing laws to be 
changed, by tacking together several matters in one bill."^ 
And in foreign politics, barring a little intrigue of Barillon, 
the French ambassador, and the duchess of Portsmouth, 
the atmosphere had not been particularly clouded. The 
popish plot, therefore, came upon the world by surprise, 
and upon the House of Howard with dismay ; one of its 
members (the viscount Stafford) uncle of the duke of Nor- 
folk, being a notable victim of the infamous conspiracy. 
With the king himself, it made so little impression that, 
while promising the lord Treasurer " to be very careful of 
himself," he appears never to have given any credence to 
the tale,{ notwithstanding that in the event of his escaping 

* Echard, v. hi., p. 458. 

t Speech from the Throne, May 23, 1678. The practice, however, still 
continued to prevail, sometimes as a seasonable composition for grievances; 
at others, as a means of passing obnoxious measures. Twenty-five years 
later, the MS. note of a contemporary, in the annals of the day (penes 
script.) points out to indignant posterity " The names of those infamous 
for voting to tack the Occasional Conformity to the Land Tax Bill." 

X " Talking over the matter with the king," says bishop Burnet, " we 
agreed in one thing, that the greatest part of the evidence was a con- 
trivance." — Hint. Own Time, v. ii.,p* 168. Svo. To Sir John Reresby, his 
majesty made the same observation, adding, " that he did not believe one 
word of the whole story: that the evidence was not only improbable, but 
impossible." — Mem., pp. 67, 103. If these were the king's real sentiments, 
and unquestionably they were, in his coincidence with the parliament, per- 
haps he may be chargeable with exercising his '-'talent for dissimulation;" 



182 THE HOWARD PAPERS. 

the Doctor's artifices, and the silver bullets of the bush- 
rangers before named, " Conyers and Anderton, Benedic- 
tine monks, and four Irish ruffians, had been engaged to 
stab him."* 

As to the plot against the nation, the discovery disclosed 
a widely spread conspiracy, of many items, the principal 
being, — 1. That the pope in congregation de propaganda 
fide, had, according to precedent, declared " all the king of 
England's dominions to be part of St. Peter's patrimony,, 
forfeited to the Holy See for the heresy of prince and peo- 
ple. 2. That the English Cardinal Howard had been ap- 
pointed by his holiness, his legate, to take possession of 
England in his name, with the archbishoprick of Canter- 
bury as an augmentation ; and forty thousand crowns a 
year for the maintenance of his legantine authority. "f 

or, in the language of the French historian, father Orleans, with " counter- 
feiting a credulity which was made use of to the committing of much in- 
justice." — Echo.rd, v. iii., p. 481. Yet it must be remembered, that in his 
speech from the Throne, the king had said " he would leave the matter to 
the law;" and, however the lamentable administration of justice is to be 
deplored, the convictions were not obtained by Court influence. The king's 
position, by no means an enviable one, seems truly represented, and his 
future conduct prevised, when he said, " I find there is like to be a great 
deal of bloodshed about this plot; and the times are so troublesome and 
dangerous to me, that I dare not venture to pardon any that is condemned." 
—Ibid., p. 473. 

* Echard, v. iii., p. 459. The four Irish ruffians are referred to in the 
trial of Coleman, the duke of York's Secretary. Oates swore to a con- 
versation at Wild House, in the month of August; Coleman asking father 
Harcourt, " What care had been taken of those four Irish gentlemen that 
went last night to Windsor?" Harcourt replied, that " eighty pounds had 
been ordered them," which the witness saw there on the table, most of it 
in guineas; and that Coleman gave a guinea to the messenger to expedite 
the business." — Ibid., p. 483. 

t Echard, Hist. Engl., v. iii., p. 458. " In Ireland, the pope had nomi- 
nated Peter Talbot, titular archbishop of Dublin, his legate to take posses- 
sion of that kingdom ; and his brother, Richard Talbot, General of all the 
forces there, consisting of seventy thousand catholics, besides the French 
auxiliaries."' — Ibid. The latter was well known as a zealous papist; and 
when James the Second, in 1C8G, remodelled his army, Richard Talbot was 



THE HOWARD PAPERS. 183 

This was sufficient to arouse any loyal catholic, who pro- 
fessed himself an Englishman; and it stirred the duke of 
Norfolk, more particularly as a family matter, wherein the 
honor of his name, if not the safety of his house and his 
person, became involved : his endeavours were so active to 
fathom and discredit the plot, that, says Roger North, 
" had not Mr. Titus Oates once been his chaplain (which 
was his protection), he had certainly been included as a 
conspirator in the alleged treasonable designs."* 

The murder of Sir Edmundsbury Godfrey, " as was 
manifest," says Evelyn, "by the papists,"f was another 

created earl of Tyreonnel, and appointed Lieut.-general of the army in Ire- 
land; a circumstance that took hold of the public mind, in connection with 
Oates' narrative of the popish plot, and gave occasion to Dryden's lines : — 

Some future truths are mingled in his book, 
But where the witness failed, the prophet spoke. 

* Examen of an Historical Libel, &c. (Kennett's History,) p. 202. The 
words of Bishop Burnet are, that Oates " got a qualification from the duke 
of Norfolk as one of his chaplains ; and there he fell into much discourse 
with the priests that were about that family. He seemed inclined to be 
instructed in the popish religion; and one Hutchinson, a Jesuit, had that 
work put on him." — Hist. Own Time, v. ii., p 146. &vo. 

By statute, a duke might entertain six chaplains, " de vitce probitate, 
morum integritate, et sacrarum literarum scientia ;" the retainer being a 
formal appointment by deed under seal, " in numerum capellanorum 
meorum domesticorurn, ad deserviendum mihi circa divina officia, infra 
cedes meas celebranda." — Jacob, Law Diet. With a catholic peer, the ap- 
pointment could only have been nominal, with other views of emolument, 
— arising perhaps, from a church living, in the patronage of the duke; which 
Oates is represented to have held. But this position of respectability pre- 
sents so many difficulties in connection with the infamous reputation he 
afterwards acquired, and the extreme poverty into which he is represented 
to have fallen, on adopting the religion of his patron, that Mr. Echard is 
contented to observe, " after enjoying a small vicarage in Kent, whence he 
removed to another in Sussex," Oates, "for some time got into the duke of 
Norfolk's family, where he particularly sided with the Socinians; became 
very uncertain in his principles of religion, and infamous in his morals." — 
Hist. Engl., v. iii., p. 461. Absorbed in the notoriety Of his offence against 
society, the received biography of Titus Oates is exceedingly unsatisfactory. 
— See Additional Notes. 

t Diary, v. ii., p. 126. If the evidence that convicted three persons, 



184 THE HOWARD PAPERS. 

cause of anxiety. Having been missed for some days, the 
Council, says Burnet, were assembled, and were about to 
make order for a search, but were diverted by the several 
stories brought them by the duke of Norfolk, whose offi- 
ciousness in the matter, and Godfrey having been last seen 
near Arundel House, brought the duke under great suspi- 
cion.*' These were circumstances that very naturally in- 
duced him to "hasten with great joy to Whitehall with the 
news of the discovery of the dead body ;" and, as North 
expressed it, "escaped a scouring for his pains. "f The 
duke, in addition to his known loyalty to the person of the 
king, claimed to be a christian and an Englishman ; emi- 
nently one of those by the earl of Bristol distinguished as 
a catholic of the church t not of the court of Rome. Several 
years before this unhappy crisis, writing of the hot-headed 
pretensions of father Labourne (who, however, afterwards 
became the active Secretary and Auditor to Cardinal 
Howard^), the duke (then lord Henry Howard) had ex- 
pressed in very strong terms his opinion that "the indis- 
creet zeale of some should not bee laid hould on, as to rayse 

could be at all credited, Godfrey was murdered by two papists and one pro- 
testant. The design had been to implicate the queen in the plot; but the 
earl of Qssory, and the duke of Monmouth, appointed by the king to test 
the evidence on the spot (at Somerset House), came to the conclusion, "that 
it was all a cheat." — Echard, v. iii. p. 507. And of the " discoverer," who 
received £500 and a pardon under the great seal, the king said to Sir John 
Reresby, that " Bedloe was a rogue, and he was satisfied had given some 
false evidence concerning the death of Sir Edmuhdsbury Godfrey." — Mem., 
p. 72. Roger North, from a review of all the circumstances, suggests the 
crime to have been committed to assist the flagging plot. It had that effect. 

* Hist. Own Time, v. ii., p. 153. Sometimes it was said Godfrey was 
murdered in Arundel House; at other times, in the lord Bellasis's cellar; 
and then again, that the duke of Norfolk's coach was seen to come from 
Primrose Hill on the Saturday that the murdered man was missed. But 
at last they pitched upon Somerset House, and adhered to that place, as a 
popish palace, though two miles from where the body was found. — Echard, 
v. iii., p. 501. t Examen, p. 202. 

+ See the Diary of Dr. Thomas Cartwright, bishop of Chester. — Camden 
Sec, 1843. 



THE HOWARD PAPERS. 185 

a storme or crime in those who desire to bee quiet, for yow 
know already how unjustly our enemies accuse us for so 
much depen dance in secular affaires from Home : whereas 
I sweare, in secular matters and -things not of faith, but of 
secular power and interest, should the Pope himselfe come 
with an army to invade us, I dare sweare that n'ere an un- 
derstanding papist in England but would, upon that scoare, 
shoote a bullett in his head ; for I am sure I would : for, in 
all matters abstracting from secular government and our 
coppyhoulds heere, I'le beleeve as farre as any in spirituall 
matters/'* Nevertheless ; — whatever might have been his 
special protection; — the written evidence of his opinions, 
religious and political ; protestations of innocence ; nor the 
improbability of the allegation, would have been sufficient, 
in all probability, to save the duke from a traitor's fate, had 
the inventive genius and the fatal oath of Titus Gates, at 
this time, been directed to his ruin. The nation and the 
parliament were not unprepared to receive and give credit 
to extraordinary stones of papal aggression or Romish 
intrigues ; and although to support this formidable plot, 
there was in reality no evidence beyond the daring effrontery 
and bold swearing of the witnesses, people and parliament 
seemed to vie with each other in credulity; and, for a time, 
the most improbable testimony bore down all opposition. 
The growth of popery, so long a standing complaint; the 
activity and increase of the Romish priesthood ; the bold- 
ness and zeal of the Jesuits, all contributed to a result that 
accepted the most monstrous improbabilities as sterling 
truths. 

On the 21st October, the parliament met according to 
adjournment ; and the "plot" became a necessary particular 
of the royal speech. " I now intend to acquaint you," said 
the king, " (as I shall always do with anything that con- 
cerns me) that I have been informed of a design against 

* Letter to Father Lesley, at Rome, dated August 30, 1G67. — Tiernay, 
Hist. Arundel, p. 525. 



186 THE HOWARD PAPERS. 

my person by the Jesuits, of which I shall forbear any 
opinion, lest I may seem to say too much or too little : but 
I will leave the matter to the law; and in the mean time will 
take as much care as I can, to prevent all manner of prac- 
tices by that sort of men, and of others too, who have been 
tampering in a high degree by foreigners, and contriving 
how to introduce popery amongst ws." # The lord Chancellor 
followed with a modest recital; and the lord Treasurer, 
contrary to the king's desire, laid on the table of the 
House, the sworn informations of Titus Oates. The Com- 
mons, we are told, at the awful disclosures, "fell into a 
flame,"*!" and the Upper House, being not less excited, the 
result was, a joint address to the king to adopt rigorous 
measures against popish recusants; and his majesty, gra- 
ciously complying with the request, an order in Council, 
followed by a proclamation, commanded all papists to de- 
part from London and Westminster, and places within ten 
miles therof, on or before the 7th day of November next. J 
At the same time, the House of Commons considering one 
of the principal dangers of the time to arise from the interest 
of popish members of parliament, prepared a bill " for the 
more effectual preserving the king's person and government, 
by disabling papists from sitting in either house of parlia- 
ment." This bill (with a clause excepting the duke of 
York from its operation) very readily passed both houses 

* Echard, v. iii., p. 469. The increase of popery was the real extent of 
the "plot;" and the letters of Coleman, having that aim, were the only facts 
produced in evidence ; but they formed an ample basis for an extensive 
superstructure of visionary designs. Not satisfied, however, with docu- 
mentary proof, and determined on obtaining the most convincing testi- 
mony, the Council " sent for and examined Mr. Gadbury, the astrologer, 
who affirmed that Mrs. Collier (a popish midwife), had often told him, ' she 
did not question, but in a little time she should see Westminster Abbey 
become a convent of Benedictines, and the Temple stockt with Fryars.'" 
— Sydney Correspondence, v. i., p. 253. t Echard. 

% Proclamation, October 80; explained by another of November 12; 
and about the same time a reward of twenty pounds was offered to any 
one who should discover and apprehend any Romish priest or Jesuit. 



THE HOWARD PAPEFIS. 187 

of the legislature ; and on the 30th November, the king 
being on his throne, it was presented for the royal assent, 
and became law, — to the great satisfaction of the people.* 
Ten months only had elapsed since the Earl Marshal of 
England had taken his seat in parliament, in the place of 
his ancestors, as duke of Norfolk; and this was the last 
day of his legislative power ! From the moment the king 
had given his assent to the bill of exclusion, the seat of the 
premier duke was vacated, and a gag was in his mouth. 
But he retired with eclat, as a loyal member of a protestant 
parliament; the lord Chancellor, by instructions from his 
Grace, acquainting the House with a legal doubt, " that 
if there was not an immediate proceeding to take the oath 
and declaration prescribed by the statute just passed, 'for 
disabling papists from sitting in either house of parliament/ 
it would be questionable whether there would be a House 
of Peers on Monday to supply the defect." An opinion 
prevailed that the necessity was not urgent ; that there 
would be no danger of dissolving the House by the omis- 
sion; yet, for avoiding all scruples and objections that 
might be made, some of their lordships did immediately 
take the oath and make the declaration, with resolution to 
repeat the same on Monday. And the House was moved 
"to take notice of the good service of the duke of Norfolk 
herein, before his withdrawing, which their lordships took 
very well of him, and ordered, that a memorandum thereof 
be entered on the Journals, for the honor of his Grace. "f 
It remains there still ; so enduring, yet how blighted the 
laurels that crowned his ambition ! The deprivation of 

* Echard, v. Hi., p. 481. A bill of exclusion, directed against the suc- 
cession of the duke of York, and an address to his majesty with that object, 
were anticipated by a " a handsome check " from the throne; the king de- 
claring his readiness to assent to any reasonable measures for the security 
of the protestant religion, so that they did not impeach the right of succes- 
sion, the descent of the crown in the true line; nor restrain his majesty's 
power or the just rights of any protestant successor. — Speech to Pa?'lia- 
ment, Nov. 9, 1678. t Lords' Journals, v. xiii., p. 394. 



188 THE HOWARD PAPERS. 

legislative power was not, however, the only misfortune that 
attended his expulsion from parliament; it was accom- 
panied with loss of privilege to an extent that subjected 
himself and family to the operation of the order in council 
for the expulsion of popish recusants from the metropolis 
and country around. Failing health added its affliction to 
the mischances of fortune ; and the duke was necessitated 
to become a petitioner for the indulgence of his peers. 

On Monday, the 16th December, "the House being in- 
formed that the duke of Norfolk, in obedience to his ma- 
jesty's late proclamation, having withdrawn his family into 
the country, where, falling very sick and in want of neces- 
sary helps that were not easy to be had but in London, 
his Grace had come to town, and prayeth that three men 
servants to attend his Grace ; his second son, the lord 
Thomas Howard, with one man servant; and four women 
servants, to attend the duchess of Norfolk, his wife and two 
small children ; together with the lady Frances Howard, 
and two women to attend her, may be permitted to come 
to town and remain there during the duke's sickness, and 
for three days after his recovery." # The lords spiritual 
and temporal acceded to the petition, as prayed, for the 
family, with the number of servants mentioned, "and no 
more ;" and for the time specified, " and no longer."f 

The "miseries and disorders" the duke had long ap- 
prehended the increase, were now accumulating with a 
force fearful to contemplate ; and the greatness of nobility 
paled before the " grandeur of persecution." The first peer 
of the realm, a popish recusant, holding his freedom of 
residence on sufferance ; his personal liberty at the mercy 
of any aspiring trading witness ; with the popish plot 
thickening around him, the place of his birth was no longer 
an Englishman's home ; and, though suspicion followed 
him into exile,J the duke sought safety, and relief, if not 

* Lords' Journals, v. xiii., p. 419. t Ibid. 

J 1679. September. The beginning of the month, one Mr. Fox, who 



THE HOWARD PAPERS. 



189 



exemption from surrounding cares, in his peaceful retreat 
at Bruges. He had been in his foreign retirement but a 
few months when his domestic troubles increased ; and an 
attempt was made to relieve them in part, by a bill intro- 
duced in parliament, in the name of his son, " for vesting 
some of the manors and lands of the duke of Norfolk and 
Henry, lord Mowbray, his son, in trustees, for the payment 
of debts and annuities ; for raising a portion for the lady 
Frances Howard;* for rebuilding Norfolk House,f and 
continuing the residue of the manors and lands, after trusts 
performed, in the dukedom of Norfolk." This measure 
was conducted after the manner of " a friendly suit," 
nominally hostile, the lord Mowbray being required to give 
the duke notice of the bill, and to satisfy the House there- 
of. J In the following year, the duke sold the manor of 
Ashtead, in Surrey, portion of the ducal property, derived 
to his ancestors from the Fitz- Alans, earls of Arundel. § 

belongs to the duke of Norfolk, was seized, and several letters found about 
him, but of what moment is uncertain. — LuttrelVs Diary, v. i-,p. 21, 
* Afterwards the marchioness Valparessa. 

+ Formerly described Arundel House. The design was not executed, and 
the site of the old mansion and gardens, is now occupied by Arundel Street, 
Norfolk Street, and Surrey Street, in the Strand. 

$ May 2, 1679.— Lords' Journals, v. xiii., p. 549. On the 14th May, 
Henry Keymour being examined, said he went to Flanders with the order 
of the House and copy of the Bill, which he delivered to the duke, as his 
Grace was going to Bruxelles. The duke received him kindly, but could 
give no answer suddenly, as it must be considered of; he waited two or 
three days and came away. — lb., p. 572. On the 20th (the bill having been 
read a second time, and committed on the 15th), a letter was received from 
the duke, on the subject of the bill, which was referred to the Committee. 
— lb., p. 581. On the 26th May, the report of the Committee being pre- 
sented to the House, it was ordered that the duke have notice, and a 
fortnight to appear with reasons, or to empower some person sufficiently 
authorized, to offer what his Grace may think sufficient concerning the 
lord Mowbray's bill.— lb., p. 593. 

§ Add. MS. (in B. M. Lib.) No. 6167. It was sold to Sir Robert Howard, 
(son of the earl of Berkshire), knighted on the field for his gallant defence 
of a pass near Cropedy Bridge, June 29, 1644. — Ibid., No. 17,062. 

N 



190 THE HOWARD PAPERS. 

If the petitioners, Edward and Bernard Howard, were 
satisfied in their worldly expectations, the existing family 
differences were still unappeased; there was yet another 
brother, their elder, ill-pleased with his condition; with 
claims coincidental in interest with the accession of his 
noble relative to the family honors ; and thus had arisen 
another, and a severe contest in law and equity between 
two brothers, that outlived the noble defendant, contuma- 
cious in injustice, and became a memorable case in the law 
books, not less for the obstinacy of the litigation than the 
legal artifices employed to evade the honest performance of 
a trust. The race of shrewd lawyers had never greater 
scope for the exercise of crafty genius, than that afforded 
by the creation of legal fictions, introduced in perilous 
times for the evasion of personal responsibility ; # and the 
proud ambitious duke mingled wormwood in his cup, when 
he listened to the wily tempter, whispering in his ear — 

Thou art the duke : the law is absolute. 
Who shall gainsay thine heritable right? 

Mr. Charles Howard of Depden, in Surrey, with the 
intervention of the Cardinal (dead in law), was next brother 
to the duke ; and on him certain contingent interests had 
been settled, in 1647, by the earl of Arundel, his* father, in 
the event of his second son succeeding to the honors of his 
family .f The contingency had occurred ; the probability 
had become a fact accomplished ; Mr. Charles Howard had 
claimed the benefit of his altered position in the family ; 
and his appeal in law and equity had been met by that 

* It would be out of place here to discuss the Doctrine of Uses,--one of 
the most interesting subjects embraced within the study of Historical Law. 
The settlement, which in this case raised so much legal argument, and was 
ultimately established, was drawn by that learned pleader, Sir Orlando 
Bridgman, afterwards Chief Justice of the Common Pleas, and lord Keeper 
of the Great Seal. Lord Chancellor Nottingham said, " I know the fact;" 
and the circumstance appears to have had some weight in his argument, 
t Ante, p. 63. 



THE HOWARD PAPERS. 



191 



potent estoppel — privilege of parliament,* — that in so many 
instances protected noble blood from the just retribution of 
its misdeeds. The younger brother addressed an appeal to 
the High Court, whose privilege had been set up in bar to 
his claim; and his petitionf disclosed the following cir- 
cumstances : " That his father, Henry Frederick, earl of 
Arundel, being seised in fee (inter alia) of the manors of 
Greystoke and Brough, in the counties of Cumberland 
and Westmoreland, finding that his eldest son, the lord 
Maltravers, since duke of Norfolk, was like never to marry, 
but the honor and estate like to descend upon Henry, his 
second son, the now duke of Norfolk, he, by certain inden- 
tures, dated the 21st and 22nd March, 1647, vested the 
premises in four trustees and their heirs, in trust, for cer- 
tain uses that had been fulfilled ; and in remainder for a 
term of two hundred years, in trust, to the use of Henry, 
now duke of Norfolk, during the life of Thomas, his elder 
brother , or any heirs of his body ; remainder, after the said 
Henry's coming to the title of earl of Arundel (and the vast 
estates annexed thereto), to the use of Charles Howard, his 
then third son, and the heirs male of his body ; remainder 
to Edward Howard and his heirs male ; remainder to 
Francis Howard, and the heirs male of his body ; re- 
mainder to Bernard Howard, and his heirs male ; remainder 
to the right heirs of Henry, their father. 

" The trust was vested in James, late duke of Richmond 
and Lenox, Edward lord Howard of Escrick, Sir Thomas 
Hatton, Knt., all three deceased ; and the right honorable 
lord marquess of Dorchester, the only surviving trustee. 

* Some acts of trespass, made with the view of bringing the claim to an 
issue of right, in the barony of Brough, in Westmoreland (the right of fishing 
in the river Eden), had been brought before parliament as a question of 
privilege, on the " petition of Richard Marriott, servant to the duke of 
Norfolk, a peer of the realm, now in parts beyond sea," the 26th March, 
1679. — Lords' Joum., v. xiii., p. 481. 

t Presented November loth, 1680.— Lords' Journals, v. xiii., p. 670. 

n2 



192 THE HOWARD PAPERS. 

" On the decease of his father, in 1652, Thomas, eldest 
son of earl Henry, became earl of Arundel (afterwards duke 
of Norfolk), whereby Henry, now duke of Norfolk, became 
entitled to the premises during the life of Thomas, his elder 
brother. 

"Thomas duke of Norfolk dying without issue, lord 
Henry, his brother, became duke and earl; by means 
whereof the trust of the premises, for the remainder of the 
term of two hundred years, determined as to him, and de- 
volved on Charles Howard, his brother, by virtue of the 
settlement mentioned. 

" Charles Howard well hoped to have been let into the 
possession, and to have received and enjoyed the rents and 
profits thereof; but, attending the right honorable the 
marquess of Dorchester thereon, he finds, that on the 10th 
November, 1675, Henry, then earl of Norwich, (now duke 
of Norfolk) applying himself (together with Richard Mar- 
riott, esq., attorney-at-law, who well knew the trusts and 
settlements aforesaid) to the marquess of Dorchester, they 
prevailed on him (under pretence of preserving the trusts, 
and having the same in a hand that the younger brothers 
well knew, and could trust, and might have free recourse 
unto # ) to transfer his legal interest in the premises for the 
residue of the term of two hundred years, to Richard Mar- 
riott, the duke's agent and solicitor, subject to the same 
trust appointed by earl Henry's settlement, in 1647. And 
the said Richard Marriott, in breach of trust, and with de- 
sign to ruin Charles Howard and his heirs male, when 
Charles came to enter the possession, and demand the rent 
of the premises, pretended that he was a servant to his 
Grace, Henry duke of Norfolk, and must obey his com- 

* The excuse of the marquess of Dorchester resigning the trust, was said 
to have been, that the tenants in the north would not be brought to renew 
their estates whilst so aged a person did continue in the seignory, for fear 
he should die quickly, and they should be compelled to pay a new fine. — 
Argument of lord Chancellor Nottingham. — Hargrave, MS. (B. M. Lib.) 
No. 153. 



THE HOWARD PAPERS. 193 

mands : that he was no other way concerned, than that his 
name was made use of, and the legal interest in the pre- 
mises conveyed to him by the marquess of Dorchester, by 
a conveyance for that purpose prepared ; and that at the 
same time there was another deed prepared, which the duke 
commanded him to execute, whereby he conveyed all his 
interest, and the estate in law he had in the premises, to 
the said duke absolutely, without any limitation thereof to 
any use whatever ; and the said duke being attended, and 
desired to permit the trust to be performed, and to suffer 
Charles Howard, his brother, to enjoy the premises accord- 
ing to his father's settlement, he denied to do the same, 
alleging the same had been conveyed to him by Marriott 
absolutely, without being subject to any trust;* and that 
being in the possession thereof, he hath levied a fine and 
suffered a common recovery in the lifetime of Thomas, 
duke of Norfolk, whereby the said Charles's estate, limited 
by the original settlement of earl Henry, his father, is 
barred and destroyed. Charles, finding himself thus ill- 
used, and designed to be utterly ruined in his fortune, ex- 
hibited his bill in equity against Henry duke of Norfolk, 
the lord marquess of Dorchester, and the said Marriott, to 
be relieved in the premises, and to have the estate in equity 
decreed to him and his heirs male, during the remainder of 
the two hundred years aforesaid. To this bill the marquess 
of Dorchester hath put in his answer and thereby confes- 
seth all the matters aforesaid, that relate to him, to be true, 
as before expressed. Richard Marriott hath done the 
same. His Grace, the duke of Norfolk, stands out all pro- 
cess of contempt for not answering ; and now insists on his 

* The position of Marriott and the duke is an exaggeration of the old 
spelling-book fable; for the latter, admitting the possession, pleaded the 
absolute gift of his confederate in the fraud. With less effrontery, the thief 
who stole the leg of mutton, said : " I have it not ;" and his companion, who 
had it beneath his cloak, " I did not take it away." Commenting on this part 
of the case, the lord Chancellor observed : " Nothing can excuse Marriott 
from being guilty of a most wilful and palpable hreach of trust." — Ibid. 



194 THE HOWARD PAPERS. 

privilege of parliament, to stop all proceedings against him 
in that court. Whereupon, the said Charles hath humbly 
petitioned this most honorable house, setting forth that the 
matter in question is only a trust in his Grace, and a thing 
wherein he hath no real interest of his own ; and that 
having taken the trust upon himself, no privilege ought to 
be allowed whilst such trust is under debate. # Neverthe- 
less, the said Charles Howard, unwilling to infringe the 
privileges of this honorable house, prays that he may be at 
liberty to proceed in Chancery against the said duke for 
the matter aforesaid, "f 

These were startling facts ; and so far took the attention 
of the House, that their lordships ordered, "That the said 
Charles Howard do give notice to the duke, who is to put 
in his answer on Monday, the 29th November instant, at 
ten of the clock/' J A further petition intimates, " that his 
Grace had been attended with the order of their lordships, 
and a copy of the petition ; and the said Charles Howard 
most humbly implores the favour of the most honorable 
House to consider his deplorable condition ; and that being 
confined to his chamber by great sickness, their lordships 
would either grant him the leave desired, or hear him by 
his counsel, to make out the truth of the premises, before 
any order be given in the case against him."§ 

The lords decided that the petitioner should be at liberty 
to proceed in equity; and on the 24th January, 168^, 
writes Luttrell, "the case of the duke of Norfolk was argued 
in the Court of Chancery, Westminster, where the two 
Chief Justices and the lord Chief Baron assisted the lord 
Chancellor. After a long debate, the three judges agreed 

* " Earl of Westmoreland v. lord Hollis. Order of the Lords, December 
15th, 1670." 

t Case of Charles Howard, esq.— B. M. Lib., 12 E. I. 136.— 5. The 
petition was presented on Monday, 15th November, 1680. — Lords' Jour- 
nals, v. xiii., p. 670. 

$ Ibid. § Case, &c., ut supra. 



THE HOWARD PAPERS. 



195 



in one opinion,* but the Chancellor, after a rhetorical 
speech, and some reflexions on the judges, differed at last 
in opinion from them."f Conscientious, but not determi- 
nate in his own judgment, the lord Chancellor directed the 
case to be re-argued, before giving his final resolution ; 
and then, with many apologies for his fallibility, he adhered 
to his former opinion, and decreed accordingly. j The 
decease of the earl of Nottingham, however, at the end of 

* The judges were the lord Chief Justices Pemberton and North, and the 
lord Chief Baron Montague, who gave judgment for the defendant, on the 
ground that the reversion to Charles Howard was not good in law. As a 
mathematical fact, it is demonstrable that if a man give the whole of a 
thing to one, he has nothing left of it to give to another. So in law, inas- 
much as a gift to a man and his heirs constitutes a gift in fee (the whole, 
in legal phrase), there can be no remainder to give to another. Thus, 
when the estate was given to the elder son and his heirs, it was held the 
estate in fee became vested in him; and if so, where wa3 the remainder to 
the younger son? Ergo, the limitation to Charles, said lord Chief Justice 
Pemberton, is void in law. But the equity of the case was, that the legal 
estate being vested in trustees for a term of two hundred years, to attend 
the inheritance under the deed, it was the use only that became vested in 
the several occupants indicated by the settlement; and amounted, in each 
possession, to no more than a limited or life interest in the rents and profits. 

t Diary, v. i., p. 160. The lord Chancellor Nottingham viewed the case 
as of universal concernment to all men's rights and properties in their es- 
tates and the disposition of them ; and, after reviewing the arguments of 
the learned judges, said : " My present thoughts are, that the trust of this 
term was well limited to Charles, who ought to have an account of the 
mean profits for the time past, and a recompense made to him from the 
duke and Marriott, for the time to come. But I do not pay so little rever- 
ence to the company I am in as to run down their solemn arguments and 
opinions upon my present sentiments. And therefore I will not suffer any 
decree to be entered in this case as yet. Perhaps it may be thought fit, 
considering the difference of opinions and the difficulty of the case, to ad- 
journ it into parliament; but I will give myself some time to consider 
before I take my final resolution." — Har grace MS. (B. JSI. Lib.) No. 153. 
Argument and Decree of lord Chancellor Nottingham, printed for George 
Tattershall, esq., of Finchamsted, in the county of Berks, fol. 1635. 

% Decree, 17th June, 1682. The plaintiff to enjoy the barony for the 
residue of the term of two hundred years; the defendant to make a con- 
veyance accordingly; and to account to the plaintiff for the profits since 
the demise of duke Thomas. — Ibid. 



196 THE HOWARD PAPERS. 

the year, introduced lord Chief Justice North to the wool- 
sack, by the title of lord Keeper; and the case being 
brought before him, he reversed the decree of his predeces- 
sor, and confirmed the duke in his title at law. # Thus de- 
cided for the moment, the case was reserved for the higher 
Court of Appeal to review the decision ; and the unseemly 
incident of two brothers combating over a legal fiction, — 
one standing on the subtlety of the law, the other on the 
equity of his claim, was to be renewed, had Providence 
permitted; but it was otherwise decreed by Him; and 
the duke left the brief possession and the legal defence of 
the northern lordships in dispute as an heirdom to his son. 
Whether precedent or politics most assisted Mr. Charles 
Howard in his appeal to the peers, ever jealous of their 
privileges, the time was opportune ; prejudice was running 
high against popish lords ; and although there was no 
community of sentiment between the duke and his noble 
uncle, beyond their common religious faith, it happened 
that the complaint against the nephew was laid before the 
House while the clamour was loudest against the viscount 
Stafford ; and the peremptory order for the duke's answer 
was made returnable on the day before his aged relative 
was brought to his trial in Westminster Hall. The result 
of the petition dispelled the immunity from civil obligations 
in which the duke had indulged. It had been argued on a 
former occasion that. an absent peer was not entitled to 
privilege ;f and, braving political troubles, he perhaps 
thought it best to meet his private danger in the breach. 
Letters from Brussels, January 27th, 168 J, mention the 
departure of the duke and duchess of Norfolk for Eng- 

* Decree, May 15th, 1683. It is evident the duke considered the contest 
at an end; and the costs of the suit to be his due; for in a codicil to his 
will, dated the 8th January following, he " forgives his brother Charles his 
debt to him, which he computes at £1700, upon condition that a release be 
given within a certain time. — In Cur. Prcerog. Cantuar. 

i Debate on Marriott's petition, 26th March. 1679. — Ante, p. 191. 



THE HOWARD PAPERS. 19? 

land ; # and Luttrell records their safe arrival from Flanders 
early in the following month, f The retirement, if it yielded 
any contentment, had not been unalloyed with care : the 
marriage of his younger daughter,^ illustrious as it may 
have been esteemed, proved but an ephemeral joy; and a 

* London Gazette, No. 1690. t Diary, v. I, p. 164. 

X The duke's eldest daughter, the lady Elizabeth Howard, had been mar- 
ried several years before (when her father was earl of Norwich), to George 
Gordon, marquess of Huntley, grandson of that valiant and unfortunate 
namesake, beheaded at Edinburgh, 22nd March, 1649, for his loyalty to the 
royal House of Stuart. George Gordon was brought up in France, not in 
very affluent circumstances, since the paternal estate had been seized, on the 
death of his grandfather ; and the participation of his father in the same 
desperate cause bad been a bar to the favor of the power that ruled the State. 
Lewis, marquess of Huntley, in the low ebb of his fortunes, had married a 
young Jady of considerable personal attractions, Isabel, daughter of the 
laird of Grant, who, left a widow in 1653, had an allowance of 1000 crowns 
for the maintenance of herself and children. At the restoration of Charles 
the Second, the young heir of the House of Gordon was reinstated in pos- 
session of his honor and estate ; but for several years continued in the 
military service of France, — in 1674, under the great Turenne; and the year 
following, after a campaign in Flanders with the forces of the prince of 
Orange, he came to London, and negotiated an alliance with the lady 
Elizabeth Howard, to whom he was married in October, 1676; and being 
prevented by his religion from entering the service of his king, he retired, 
to enjoy domestic happiness on his estate. In the last year of Charles the 
Second, when the catholics were in the ascendancy, the services of his 
family were remembered, and he was created duke of Gordon. By James 
the Second, he was appointed Governor of the Castle of Edinburgh, which, 
for three months, he held against the prince of 0»ange, until reduced by 
starvation and disease. It is said, that when summoned to surrender by 
the heralds in the usual form, he told them " Not to call men traitors with 
the king's coat upon their backs, but to turn them first." Valiant in his 
defence, the duke was less fortunate in his surrender, though he marched 
out with the honors of war; for, we are told that " he tendered his submis- 
sion to king William, at London, and retired to king James, at St. Ger- 
main's;" by which act he had the misfortune to be treated with suspicion 
by the dethroned king, and as a disaffected person by the reigning monarch, 
— oftener a prisoner than at liberty; and leading a very uneasy life at all 
times. In the rising of 1715, the duke, therefore, declared himself neutral ; 
but his son and heir, Alexander, marquess of Huntley, with 3000 clans- 
men, appeared in arms at Sheriff Muir. The duke died the following 
year; and the " old duchess of Gordon," who lived to behold six sovereigns 
on the English throne, survived till the year 1732. 



198 THE HOWARD PAPERS. 

little social difficulty that more recently had occurred, if it 
did not immediately influence the departure of the duke, 
had not induced him to remain ; and the news had preceded 
him to England as the gossip of the day. Letters from 
Flanders,* notes Luttrell, write of a duel fought between 
the duke of Norfolk and the Seneschal of Mons,-f the 
prince of Ligny's brother, J in which, 'tis said, the latter 
was mortally wounded : the difference arose upon some 
abusive words the Seneschal had spoken against the duchess 
of Norfolk. § The duke, it seems probable, unmindful of 
the proverb, that " the churning of milk bringeth forth 
butter, and the wringing of the nose bringeth forth blood, "|| 
had resented the insult on the spot, and left the young 
Seneschal to expunge the personal stain upon his military 
bearing as he might. The meeting, however, had been less 
sanguinary than the news reported. Other letters relate 
that the proposed combatants meeting with obstacles from 
the authorities of Brussels, left that city with the intention 

* January, 168J. 

t Hainault. Letter of news, from Brussels, January 6. — Gaz., No. 1684. 
Mons was the metropolitan city of the earldom. 

t Claude Lamoral, prince de Ligne, Seneschal and Marshal of Hainault, 
Chevalier of the Order of the Golden Fleece, General of Cavalry in the 
Netherlands, and Governor of the duchy of Milan, was sent Ambassador 
Extraordinary to England, to represent the Court of Spain, at the corona- 
tion of Charles the Second. He died at Madrid, December 21st, 1679; 
and was succeeded by his eldest son, Henry Louis Ernest, prince de Ligne. 
A younger brother, Charles Joseph-Procope, prince of the Holy Empire, 
Seneschal of Hainault, appears to have been the hot-brained young noble- 
man referred to in the text. He had been Captain of the Guard, in the 
duchy of Milaji; and in after years was sent Ambassador Extraordinary from 
the king of Portugal to the Court of Vienna. There, having lost at play, 
100,000 livres, to the Count de Halweil, grand Chamberlain of the emperor, 
he cancelled his debt of honor by assassinating the unfortunate winner; 
and, taking a sudden departure for Venice, ended his days in Italy. — Diet, 
de la Noblesse. 

The prince de Ligne, descendant of the ambassador to Charles the 
Second, represented the Court of Brussels at the coronation of her present 
majesty, queen Victoria. 

§ Diary, v. i,, p. 156. || Prov., c. xxx., v. 33. 



THE HOWARD PAPERS. 199 

to fight in the kingdom of Liege, and meeting at Maestricht, 
they went out and were ready to engage, when the Gover- 
nor, apprized of their murderous intent, secured their per- 
sons and brought them into the town ; but freeing them- 
selves from the guard set over them, they hastened to Liege 
to determine the matter there; and were already met at the 
place appointed, when they were a second time interrupted 
by the interference of the magistrates, and their persons 
again secured. # Whether or not, these difficulties suggested 
an accommodation by the mediation of friends, intelligence 
from Brussels, of the 23rd January, reports, that "the duke 
of Norfolk came thither this evening from Liege, the dif- 
ference between him and the Seneschal of Hainaut being 
fairly composed. "f The very next news-letter from the 
same place, however, bears evidence of the rankling feud. 
"We are told/' says the writer, " that the quarrel between 
the duke of Norfolk and the Seneschal of Haynault is re- 
newed, his Grace having received a challenge from the 
Seneschal, at Bruges, as he was going for England.";}; 
Notwithstanding that, like the slanderers of the virtuous 
Hero, he had "committed false report ; moreover, had belied 
a lady, and verified unjust things,"^ the reproof he re- 
ceived, blotting the honor-point of his escutcheon, must 
needs be accommodated with the satisfaction of arms ; and 
he followed the duke to England "to fight him on the old 
quarrel ;" but the time was inauspicious for bloody discord ; 
the affair of the lady Ogle, and the fearful tragedy of her 
husband, Mr. Thynne,|| while it had alarmed the town, 

* Letter from the Hague, January 27. — Gazette, No. 1689. 

t Gazette, No. 1690. 

% Letter from Brussels, February 3. — Gazette, No. 1691. 

§ Much Ado about Nothing, a. v., s. i. 
|| Elizabeth, lady Ogle, a young widow, not far advanced in her teens, 
sole heiress of the noble House of Percy, daughter of Joseline, earl of North- 
umberland, by the contrivance of her grandmother, the dowager countess 
(Elizabeth Howard, daughter of Theophilus, earl of Suffolk,) had been 
secretly married a few months before to a wealthy commoner, nobly con- 



200 THE HOWARD PAPERS. 

had equally awakened the vigilance of the Court; and his 
majesty, writes Luttrell, having notice of the Seneschal's 
intention, ordered him into the custody of a serjeant-at- 
arms, and placed a guard over the person of the duke. # 

In the duke's absence, great changes had come over the 
fashionable western suburb of the town where Mr. Gates 
had laid the scene of his grand consult of Jesuits a few 
years before. The ancient parish church of St. Clement's 
Danes, wherein his celebrated ancestor, Thomas earl of 
Arundel, had often sat at sermon time ; and where the re- 
mains of the heiress of the Fitzalans had been with so much 
ceremony entombed,^ had given place to a recent struc- 
ture. Arundel House, that in by-gone days had frowned 
heavily on the sacred edifice, had been removed ; but Nor- 
folk palace had not arisen in its place ; and the ducal state, 
now more humbly lodged, was under royal guard at a new- 
residence, in Arundel Street. On the 4th March, the 
Court removed to Newmarket, and on the 19th, there was 

nected, Thomas Thynne, of Longleat, esq.; while her youth, beauty, and 
fortune had more favorably attracted the regard of a foreign noble, the count 
Konigsmark. It is said the count had twice challenged Mr. Thynne to a 
passage of arms; but the latter, so far from regarding the punctilio of gen- 
tlemen, had employed persons to take the vengeance of his adversary that 
afterwards befell, himself. The assassination of Mr. Thynne occurred on 
Sunday night, the 12th February, 168 J, and the manner of its accomplish- 
ment is depicted in bold relief on the well-known monument to his memory 
in the Abbey Church of St. Peter, Westminster; while a cupid in tears at 
the feet of the full-dressed recumbent effigy of the murdered gallant, is 
symbolical of the latent motive for the bloody deed. 

* April 22nd, 1682.— Diary, v. i., p. 180. 
t In 1641, December 24th, there was an order of the House, "That the 
right honorable the earl of Arundel, Earl Marshal of England, shall quietly 
enjoy his seat and pew in the parish church of St. Clement's Danes, for- 
merly appointed unto him by the Ordinary. — Lords' Journals, v. iv., p. 490. 
Mary Fitzalan, first wife of Thomas duke of Norfolk, died at Arundel House 
in 1557, at the early age of 17 years; and was buried, with much pomp, 
in the church of St. Clement's Danes, on the 1st September. In his will, 
(1641) Thomas earl of Arundel gave directions, that " if his grandmother of 
Norfolk's body could be found, he desired it might be carried to Arundel, 
and there have some monument."— Ha?'?. MS. 6272. 



THE HOWARD PAPERS. 201 

a banquet, with great rejoicing, and a large attendance of 
nobility and gentry of the county, to greet the duke of York 
on his way from Yarmouth to join the sports of the king. 
Whether or not, the duke of Norfolk was of the number, it 
is not probable his liberty was long under restraint ; and 
the Seneschal, obtaining his enlargement, the duke's son 
afforded him the contentment his father, by his majesty's 
interdiction, had been unable to give.* Bloodless ended 
the fray ; and the duke, relieved from the personal embar- 
rassment, was at ease to receive the gratulation of his 
friends. The Royal Society rejoiced in the intelligence of 
his safe return to his native land ; and Evelyn paid his res- 
pects — to the Arundel collection that enjoyed his patron- 
age and regrets. Since accompanying my lord duke to 
Court, and taking his leave at Weybridge,f the removal of 
the Arundelian Library, by his procurement, from ^irundel 
House, to the apartments of the Royal Society, had been 
the last record of his homage to the noble family he pro- 
fessed so much to honor.J Yet the store of valuable rari- 
ties had not been exhausted: the " priests, painters, and 
panders," had yet left a collection unique and admirable 

* On the 26th May, writes Luttrell, a duel was fought between the 
Seneschal of Hainault and the earl of Arundel, upon a former quarrel be- 
tween the Seneschal and the duke of Norfolk in Flanders. The encounter 
was earnest, and carried on with much violence, to the imminent peril of the 
volunteer substitute; for " the earl, in making a thrust, broke his sword; 
and it was only by his seconds having the better of those of his adversary, 
that he came off unhurt." — Diary, v. L, p. 181. 

t August 27, 1678.— Diary, v. ii., p. 120. 

+ Ante, p. 142. Besides printed books, adds Evelyn, I procured for our 
Society, near one hundred MSS ; some in Greek, of great concernment. 
The printed books being of the oldest impressions, are not the less valuable: 
I esteem them almost equal to the MSS. Amongst them are the Fathers, 
printed at Basil, before the Jesuits abused them with their expurgatory 
Indexes : there is a noble MS. of Vitruvius. Many of these books had 
been presented by Popes, Cardinals, and great persons, to the earls of Arundel 
and dukes of Norfolk; and the late magnificent earl of Arundel bought a 
noble library in Germany which is in this collection. — Diary, v. ii., p. 122. 



202 THE HOWARD PAPERS. 

for future discord, — and another generation to disperse;* 
although the friend of the family did step in to anticipate 
the future. " March 9th, 1683/' writes Evelyn, " I dined, 
at Sir Gabriel Sylvius's/'f "and thence to visit the duke 
of Norfolk, to ask whether he would part with any of his 
cartoons, and other drawings of Raphael and the great 
Masters : he told me if he might sell them all together, he 
would ; but that the late Sir Peter Lely (our famous painter,) 
had gotten some of his best."J Pars minima sui ! The 
" Great Howard, moulded in marble," — panegyrised in 
verse heroic§, — asked to sell! But ambition had had its day, 
and been numbered among the vanities ; a great name was 
no longer to be acquired by a great sacrifice, or nourished 

* From Arundel House, the collection was removed to Tart Hall, a noble 
mansion, built by Alathea, countess of Arundel, for her second son, William 
viscount Stafford, situated without the gate of St. James's park, near to 
Buckingham house. " During the madness of the popish plot," observes 
Pennant, " the statues were buried : the mob would have mistaken them 
for popish saints." At Tart Hall, the dispersion of the collection, by auc- 
tion, took place, in the year 1720; and the house itself, says Walpole, has 
lately been demolished. — Anecdotes of Painting, v. ii., p. 131. A curious 
inventory of the household stuff at Tart Hall, in the year 1641, is in the 
Harl. MS., No. 6272. 

t Sir Gabriel Sylvius married Anne Howard, one of the queen's maids of 
honor, grand-daughter of the earl of Berkshire. " I was all this week," 
writes Evelyn, (Nov. 11th, 1678,) " composing matters between old Mrs. 
Howard and Sir Gabriel Sylvius, upon his long and earnest addresses to 
Mrs. Anne, her second daughter. My friend, Mrs. Godolphin, who ex- 
ceedingly loved the young lady, was most industrious in it, out of pity to 
the languishing knight, so as, though there was great difference in their 
years, it was at last effected." — Diary, v. ii., p. 107. 

t Diary, v. ii., p. 175. From Maecenas to a brogger ! The descent required 
some elevating apology; and "The person who desired me to treat for 
them," adds the diarist, " was Vander Douse, grandson to that great scholar, 
contemporary and friend of Joseph Scaliger." Walpole mentions the pur- 
chase, by Sir Peter Lely, of many pictures and drawings of Vandyk's, and 
of the earl of Arundel's collection. Lely had been dead about three years, 
" taken with an apoplexy, as he was drawing the duchess of Somerset." 
His collection, which occupied forty days sale by auction, realized £26,000, 
— Anecdotes of Painting, v. iv. f p. 33. § Ante, p. 141. 



THE HOWARD PAPERS. 203 

by a flattering tongue; the pride of youth had become mel- 
lowed to rottenness ; and like many a generous and noble 
spirit, the duke, perhaps, in his latter days : — 

For a good old gentlemanly vice, 
Balanced his account with avarice. 

His frailty — not of aggrandizement or of thrift — had 
taken a wider range : in the power of his pride, he had not 
remembered that " An inheritance may be gotten hastily ; 
but the end thereof shall not be blessed. " # It ended in 
family strife, and personal indecision. He made his will in 
the hour of deliberate judgment; and he unmade it when 
the flickering light of life was glimmering in the socket. 
He washed that " something " might be given to the poor ; 
but he left it for the generosity of another to determine the 
amount. He had forgotten the injunction: "Remove not 
the ancient landmark which thy fathers have set;"f and 
with the domestic foes that he raised around him, whose 
bitterness he left as the heritage of those he loved, — like 
another ambitious spirit, he might well have exclaimed : — 

Let me not die raging, 
For all my life hath been a phrenzy ! 

The duke departed this life, writes Dugdale,J at his house 
in Arundel Street, near the Strand, in the suburbs of Lon- 
don, on the 11th January, in the " great frost year," 168f, 
in the 56th year of his age. By the direction of his will, 
his body was disposed with his ancestors, at Arundel ; but 
his heart, encased in an urn of porphyry, was sent to 
Bruges, as the spot probably, where he had passed the 
greatest happiness on earth. It was placed in a niche in 
the conventual church of PrincenhofT; and another urn, 
containing the heart of an infant son, recently deceased, 
was placed beside it, " never to be removed or taken down 
unless war or fire made the lady Abbess consider it neces- 

* Prov., xx., 21. t Prov., xxii., 28. 

i Baronage, MS. additions. 



204 THE HOWARD PAPERS. 

sary for their preservation." The community had been 
under great obligation to the duke, and his favorite retreat, 
adjacent to the ancient palace, became the residence of the 
conventual chaplain. After a century of repose amid the 
charitable prayers and requiems of devoted sanctity j when 

France got drunk with blood to vomit crime, 

— desolation, in the bitterest form of war, ravaged the 
quiet scene. " In the middle of June, 1794," writes the 
lady principal of more recent date, "our community being- 
obliged to leave Princenhoff at break of day, there was no 
time to remove those precious deposits : all fell into the 
hands of the French republican commissioners: the por- 
phyry urns were disposed of for the benefit of the ruling 
power; and the contents lost, to our great regret: the 
church and monastery were sold, and pulled down ; and 
the small residence adjoining, built by the duke of Norfolk, 
was turned into a public house. " # 



* Letter of Mrs. Berington. — Tiernay, Hist. Arundel, p. 541. 



THE HOWARD PAPERS. 205 



CHAPTER IV. 



If thou canst look into the seeds of time, 

And say, which grain will grow, and which will not; 

Speak!- — 

Thy children shall be kings, though thou be none. 



THOMAS, OF WORKSOP. 

We left the sons of Mr. Henry Howard under the charge 
of a tutor proceeding to Paris, as the seat of polite learning 
and accomplishments ; whence, after a residence of about 
three y^ars, they returned, and Evelyn saluted them at 
Arundel House on the 8th May, 1667. # Transferred to 
the care of Dr. Yerbury, Fellow of Magdalene College, they 
were then sent to Oxford, and entered students of that 
University ;f but high birth was no exemption from the mark 
of abomination ; and being Roman catholics, says Wood, 
they did not wear gowns. J A royal road to honor, how- 
ever, opened wide its portals, and the degree of M.A. was 
conferred on them; the elder, the following year, on the 
occasion of his father's honorary investiture, June 5, 1668; 
and Thomas, actually created, writes Wood, the 16th June, 
1678, having been absent on the former occasion. § At 
Oxford, they met their former playmate, who, newly out of 
long coats, had preceded them to the University, and was 
then a student of Trinity College. || For how long a period 

* Diary, v. il,p. 23. t Wood, Fasti, v. ii. p. 172. 

t Ibid, p. 303. § Ibid. 

|| 1667, 29th January, writes Evelyn, To London, in order to my son's 
Oxford journey, who being very early entered both in Latin and Greek, and 
prompt to learn beyond most of his age, I was persuaded to trust him un- 

O 



206 THE HOWARD PAPERS. 

the Howards continued their residence does not appear by 
any record; Evelyn, with the University Doctorship in full 
prospect, paid his respects to them, in July, 1669. # The 
appointment of Dr. Yerbury to the charge of the insane 
duke at Padua, a year or two afterwards, and the conse- 
quent termination of his tutorship of the nephews, probably 
marks the period of their studies at the University, which 
could have had no other object than the acquisition of 
knowledge in the degree limited by their profession of faith. 
Honors, if they had not taken them, per saltum, at the 
commencement of residence, were no otherwise open to them. 
The good and evil of association, however, still remained, 
and the reverse of the proverb was probably beneficial to 
enlightened views. Such, however, is the perversity of the 
human mind, and the influence of surrounding circum- 
stances, that, as under an English sky, the elder brother 
became convinced of the truths of the protestant creed; the 
younger, breathing the air of Rome, became more rigidly 
attached to the popish doctrine ; and in the end, they be- 
came diametrically opposed in politics and religion. 

Pursuing, in the first instance, the fortunes of the younger 
son, Thomas, who, in after years, became described " of 
Worksop," on completing his education, he adopted the 
profession of arms, or received from his majesty a commis- 
sion that gave him a military designation, — perhaps in the 
king's Life-Guard, which the Commons in parliament de- 

der the tutorage of Mr. Bohun, Fellow of New College, who had been his 
preceptor in my house some years before; but, at Oxford, under the inspec- 
tion of Dr. Bathurst, President of Trinity College, where I placed him, not 
as yet thirteen years old. He was newly out of long coats. — Diary, v. ii., 
p. 21. At the Swan, at Leatherhead, adds Evelyn's editor, is a picture of 
four children (circa 1640-50); one of them, a boy about the age of young 
Evelyn, in a coat or vest reaching almost to the ancles. 

* July 14th, Dr. Fell, dean of Christchurch and Vice-Chancellor, with 
Dr. Allestree, professor, with beadles, and maces before them, came to visit 
me, at my lodgings. I went to visit lord Howard's sons, at Magdalen 
College. — Ibid., v. ii., p. 42. Evelyn received his marmorean honor the 
following day. 



THE HOWARD PAPERS. 207 

clarecl to be " a place of refuge and retreat for papists and 
men popishly inclined."*" The determined opposition of 
the House ; and the religious test that was instituted with 
the view of weeding the objectionable members of an ob- 
jectionable force, perhaps led to the retirement of Mr. 
Howard; if the prosecution for recusancy, about the same 
time directed against his family and himself, had not anti- 
cipated the like result.f Nevertheless, Mr. Thomas Howard 
continued to be described by his military rank, and in 1675, 
when about twenty years of age, was stiled by his father 
the "liefe-tenant." Addressing his foreign agent, Mr. Hay, 
a the liefetenant,'' writes the earl of Norwich, " shall ever 
be ready, and stay or goe, as his uncle desires. "J 

Some doubt has been entertained whether this title, ap- 
plied to the son of an earl, might not have had reference to 
the appointment of lieutenant in the acknowledged legiti- 
mate guardians of the person of the king, — the honorable 
corps of Yeomen of the Guard ; a post not only of distinc- 
tion, but of value. A trust, however, of so much import- 
ance as it then implied, was riot formerly within the grasp 
of such early manhood, even of noble blood ; and if Dr e 
Chamberlayne be correct, it was Col. Thomas Howard, 
brother of Charles, earl of Carlisle, who, at the period in 
question, held that honorable post at Court, § 

* Resolution of the House, 7th February, 167f . Among other reasons 
for disbanding the Horse and Foot-Guards, commonly called the king's 
Life-Guards, it was alleged : "That according to the laws of the land, the 
king hath no guards but those called Gentlemen Pensioners and Yeomen of 
the Guard. That this Life-Guard is a standing army in disguise; and as 
long as it continue, the roots of a standing army will remain amongst us ; 
therefore it is impossible effectually to deliver this nation from a standing 
army, till these guards be -pulled up by the roots." — Echard, v. iii., p. 352. 
f Lords' Journals, v. xii., pp. 620, 635. Ante, p. 164. 
X Orig. at Norf. House. — Tiernay, Hist. Arundel. 

§ Anglia Notitia, 1674. Col. Thomas Howard is the same gallant gen- 
tleman referred to in a former page (34, n.). In this year (1675), he had 
an honorable adjustment of differences with the lord Cavendish, in St. 
James's park ; for which himself and his antagonist were committed to the 

o2 



208 THE HOWARD PAPERS. 

It was in the year mentioned, 1675, that Mr. Philip 
Howard, the queen's Almoner, under the circumstances 
before related,* had been elevated to a Cardinalate, much 
to the satisfaction of the English Court, and to the much 
greater excitation of his noble family. Display was a great 
object, where splendour and parade form so important a fea- 
ture of spiritual rank. " I have also thought," wrote the 
earl of Norwich to his Eminence, " as soon or at what time 
you please, to add to your train your nephew Tom, where 
ere you goe, and to allow him, at my cost, to keep a 
camareiro.f a coach and two horses, and two footmen, and 
all in your livery, and to pass as if at your cost, though I 
pay underhand for it. "J The lieutenant, with his equipage, 
attended his uncle as part of the magnificent retinue that 
accompanied his Eminence in his public entry into Rome;*!" 
and until the accession of his father, two years later, to the 
dukedom of Norfolk, probably changed his views and 
brought him to England, he continued in attendance on his 
noble relative at the papal Court. In 1678, he was in 
England, and on the 16th June, at Oxford, received inves- 
titure of the honorary degree that so long had awaited his 
presence to accept. § Two months later, Evelyn met him 
at Wey bridge, || and was delighted with the candour and 

Tower. As Capt. Howard, he was the hot-brained cavalier who, in 1682, 
at his sword's point, took satisfaction of the fluttering courtier, Henry- 
Jenny n, " the lady killer," who intruded on his dalliance with the lady 
Shrewsbury, in the Spring Gardens, described by Grammont. — (Mem. of 
the Court of Charles the Second.) Further, the gallant Colonel adventured 
to become third husband of the celebrated Mary Villiers, widow of James 
Stuart, duke of Richmond and Lenox, and received from her the honor of 
sepulture in the vault of that noble family, in the Abbey of St. Peter, West- 
minster, in 1678. The commission of Lieutenant of the Yeomen of the 
Guard (worth £500 per annum), was afterwards held by Thomas Howard, 
esq , son of Sir Robert Howard, and grandson of the earl of Berkshire. — 
Angl. Notitia. 

* Ante, p. 166. t Camariere, a valet, 

t Orig. at Norf. House. — Tiernay, Hist. Arundel. 

% Dodd, Church History v. iii. || Ante, p. 177. 



THE HOWARD PATERS. 209 

liberality of his sentiments; for, though strenuously attached 
to his religion, like his father "he was no bigoted papist. 
He told me/' adds the diarist, "he never trusted them with 
any secrets, and used protestants only in all business of 
importance. " # 

All this and more beside did he relate, 
Wondrous to hear! which in mine innocence, 
With himible credence in his honor s worth, 
I did perforce believe : 

— but, believe me, credulous Evelyn, the lord Thomas 
Howard had not for several years taken the air of Rome in 
the train of a cardinal, to wear his heart upon his sleeve for 
daws to peck at. 

In 1681, the lord Thomas Howard married the heiress 
of a Yorkshire baronet, Mary Elizabeth, daughter of Sir 
John Savile, of Copley, by which alliance the Roundhay 
and some other estates were acquired to the Howard family; 
and three years later, his brother becoming duke of Nor- 
folk, himself acquired a local habitation and a name. The 
accession of James the Second gave him prominence at 
Court; and as lord of Worksop, in Nottinghamshire, at his 
majesty's coronation, he performed the service clue from 
the possessor of that manor, — to find a right-hand glove 
for the king's hand, and to support his majesty's right arm 
whilst he held the sceptre. Firm in his allegiance to pope 
and king, the lord Thomas Howard more than fulfilled the 
obligation symbolized by his coronation service ; and was 
much in the favor and confidence of his sovereign. In 
1687, when the influence of the Romish church had com- 
pletely gained ascendancy at Court, he received the ap- 
pointment of Master of the Robes ; the same year, on the 
resignation of the earl of Burlington, the lord lieutenancy 
of the West Riding of York was confided to his hands ;J 

* Wood, Fasti, v.ii.,p. 303. t Diary, v. ii., p. 120 1 Ante, p. 155, n. % 
X Being a warm and zealous papist, says Sir John Reresby, the appoint- 
ment was pursuant to the method the king had tenaciously observed with 



210 



THE HOWARD PAPERS. 



and in the year following, at a most eventful and critical 
period, he was appointed to succeed the earl of Castlemaine 
in a mission to Rome ; # a service for which he was es- 
teemed eminently calculated by his former residence in the 
Holy city, and the position of his uncle, much in favor at 
the papal Court. In May, 1688, Luttrell records : "The 
lord Thomas Howard is going his majesty's ambassador to 
Rome, to reconcile the matter of the franchises between 
the pope and the king of France. "f On the 12th of June, 
almost on the eve of the revolution, he journeyed towards 
his official destination ; but his mission appears to have 
been fruitless, as far as its ostensible object is concerned ; 
and on November the 17th, Luttrell writes: "The lord 
Thomas Howard, our late ambassador at Rome, is returned 
thence, not succeeding in his embassage about the fran- 
chises. "J The unfortunate reign of king James had now 

regard to most of the lieutenancies that became vacant in England. — 
Mem., p. 256. 

* The instructions to Castlemaine were: "To reconcile the three king- 
doms of England, Ireland and Scotland to the Holy See." But pope Inno- 
cent, says Echard, received the embassy as one who saw further than those 
who sent it. The Court of Rome consisted of politicians too well acquainted 
with England to expect great advantages from such hasty and ill-timed ad- 
vances as were made to them. As to the supplies, which Castlemaine had 
private orders to ask, his Holiness excused himself, on account of the vast 
sums he gave the emperor and the Venetians, to carry on the war against 
Turkish infidels.— Hist. Engl., v. iii., pp. 809-10. 

t Diary, v. i., p. 440. In the account of " Payments for Secret Ser- 
vices," for the quarter ending July 3, 1688, is a payment " To the lord 
Thomas Howard of Worsop, Envoy to the Court of Rome, namely, 500 Ji 
for his equipage, and 455 H for three months advance on his allowance of 5 1 ' 
per diem in that employment — £955 0." — Privy Purse Expenses, fyc. 
Camden Soc. Pub., No. 52. 4to, 1851. 

X Diary, v. i., p. 478. In Rome, says Burnet, all those of a nation put 
themselves under the protection of their ambassador, and are, upon occa- 
sions of ceremony, his cortege. These are usually lodged in his neigh- 
bourhood, pretending that they belonged to him; so that they exempted 
themselves from the orders and justice of Rome, as part of the ambassador's 
family ; and that extent of houses or streets in which they lodged was 
called the franchises ; for in it they pretended they were not subject to the 



THE HOWARD PAPERS. 



211 



nearly arrived at its close. Five weeks later, on the 23rd 
December, the king was so ill-advised as to abandon his 
throne and quit his native land, as though it had been more 
easy to re-conquer than to retain a kingdom, — to force the 
national will than to retain the national affection. The 
lord Thomas Howard, however, faithful in adversity, re- 
paired to the king, in France. He afterwards returned to 
England, and thence proceeded to Ireland, on his majesty's 
service; his active loyalty and zeal still engaging him in 
the desperate struggle to recover a lost throne ; but he lived 
not to witness the final overthrow of the hopeless cause in 
which he had engaged ; for, intrusted with a secret mis- 
sion,*' in making his passage to Brest, he lost his life by 
shipwreck on the coast of France, November 9th,f 1689, 
in the 34th year of his age. By deed, dated 3rd May, 
1685, he had made a settlement of his manor of Worksop, 
to maintain the honor of his house ; and by his will, J 

government of Rome. This made these houses to be filled, not only with 
those of that nation, but with such Romans as desired to be covered with 
that protection j and in process of time, the franchises had become a great 
part of the city, giving refuge to the discontented, and sanctuary to crimi- 
nals; so that the pope resolved to reduce the privileges of ambassadors to 
their own families within their own palaces. The emperor and the king of 
Spain submitted conditionally, that the French king did the same; but the 
ambassador of France refused, saying, the pope was not to pretend to an 
equality with so great a king. On the other hand, Innocent asserted that 
he was sovereigu in Rome. Determined on the assertion of his territorial 
authority, and threatened by the French king, the Cardinals asked him 
what he would do, if the king sent an army to fall upon him? Innocent at 
once replied, he could suffer martyrdom! — Hist. Own Time, v. iii., p. 160, 
Svo. The professed object of king James was to accommodate the irrecon- 
cilable: "His zeal and affection," says Echard, "led him to adhere to 
Rome, but his success and security depended on France, now the great 
disturber and opposer of that Court." — Hist. Engl., v. iii., p. 854. 

* The cause of king James had just previously received a check by the 
capture of a French vessel (carried into Falmouth), bound for Ireland, with 
ammunition, 4000 stand of arms, and a number of officers. — Pointer, 
Citron. Hist. 

t Some of the authorities say, December 9ttu 
% In Cur. Preerog, Cantuar, 



212 THE HOWARD PAPERS. 

dated the 29th May, 1688, in anticipation of his embassy 
to Rome, he prepared for the contingencies he was about 
to encounter in foreign travel, and made provision for 
bringing up his young family. The estates which, by his 
marriage settlement he had the power to dispose of, in re- 
version, on the death of his wife and her mother, the lady 
Savile, he made over to his younger children, and directed 
a portion of £3000 to be raised for his daughter's share. 
To Y/illiam Longueville, esq., of the Inner Temple, — trustee, 
with the lady Mary Howard, his wife, in the charge that 
might devolve on her by his loss, — he bequeathed £100 per 
annum, while he acted as executor. With this arrangement 
of his private concerns, the lord Thomas Howard devoted 
himself, as he conscientiously thought, to the service of his 
country; at any rate, to that of his king; and lost his life 
in the cause. His daughter, Mary, in 1698, married Walter 
Aston, afterwards fourth lord Aston, of Forfar ; # two of his 
sons, taking monastic vows, were promoted dignitaries of 
the church of Rome;f and of three others, Thomas and 
Edward successively became dukes of Norfolk ;f and the 
heirs of Philip, " of Bukenham," born the year of his 
father's death, were the last representatives of this line. 

The lady Mary Howard survived her husband in a 
widowhood of forty- three years. $ 



* Luttrell, Diary, v. iv., p. 435. He was son of William lord Aston, and 
his first wife, Eleanor, daughter of Sir Walter Blount, of Soddington, co. 
Worcester, baronet. William lord Aston was one of the popish lords im- 
plicated by his serving-man, Dugdale, in the "plot" of 1678; but happily 
escaped. — Vide ante, p. 102. t See Pedigree, ante, p. 46. 

i She died 10th December, 1732, and was buried at Arundel. — Gent, 
Mag. 



THE HOWARD PAPERS. 



213 



CHAPTER V. 



Wealth, honors, pride of place, and costly state; 
The liv'ried homage of the peasant slave; 
The smiles of beauty; and the radiant hopes 
That cluster round the halcyon days of youth: — 

The earth hath bubbles, as the water hath, 
And these are of them. 



THE DUCAL LINE, CONTINUED. 

The elder son of Mr. Henry Howard and the lady Anne 
Somerset, who bore his father's baptismal name, was born 
11th January, 165f, and educated with his brother, as be- 
fore narrated. At the age of eighteen, he had been honorary 
graduate of the University of Oxford upwards of three 
years, and was heir apparent of his father in the lordship 
of Castle Risiii & and his expectancy in the dukedom of 
Norfolk, with other honors and wealth descendible there- 
with ; when Evelyn, jotting down the small talk of his 
friends, shadows forth for him a matrimonial alliance. 

On a fine autumn evening, the 17th October, 1671, my 
lord Howard of Castle Rising had been dining with my 
lord Chamberlain/* at Rushbrooke ; and returning to Nor- 

* Henry Jermyn, earl of St. Alban's. Henry lord Jermyn of St. Ed- 
mundsbury, so created by Charles the First, at Oxford, in 1643, was Colonel 
of the queen's Guard, and commanded the forces raised by her majesty to 
assist the royal cause. When all was lost in England, lord Jermyn retired 
to the queen in France, and took the management of her household: and 
at her majesty's instigation, was created earl of St. Alban's, at Breda, in 
1660, just before the restoration. The manor of Rushbrooke, in Suffolk, 
had been for many generations the seat of the Jermyns, derived by marriage 
from a family that bore its name. The earl died, unmarried, in 1683. 



214 THE HOWARD PAPERS. 

wich that night, in his flying chariot with six horses, must 
needs have a companion for the journey. Evelyn, also a 
guest, " as he could not refuse the invitation, was not hard 
to b.e persuaded thereto."* " Thither then," says the 
chronicler, "went my lord and I:" the one, communicative 
in the extreme of vinous friendship ; the other, all sensitive 
to the slightest impress of lordly confidences that greeted 
his eager ear. It was the same occasion on which my lord 
unravelled his most secret mysteries, and (by report) laid 
open his heart in promises that he in no respect performed.^ 
Lord Howard had just previously entertained the king and 
the whole Court, at his palace at Norwich;.}; the prepara- 
tions had been magnificent, and the fittings or " contri- 
vances " were yet extant to be gazed at, admired, and 
silently criticised, by the complaisant companion on the 
morrow. § My lord was proud of his display on the occa- 
sion of the royal visit ; and, facetious in the hilarity of 
wine, amused his companion with certain professed designs 
on the Court, and some other confidences that probably 
had their only foundation in the fumes of the bottle. In- 
deed, analysis of the circumstances narrated leads to the 
only conclusion, that my lord had amused himself with the 
passing fancy of feeding a gobemouche with one of Aiken 
Drum's lang ladles. 

Among other matters of news that Evelyn at this time 
entered on his Journal, " My lord Howard acquainted me," 
he writes, " of his going to marry his eldest son to one of 
the king's natural daughters by the duchess of Cleveland, 
by which he reckoned he should come to mighty honour! "|| 

At this time the lady Castlemaine, "in respect of her 
personal merits," had been advanced to her new title about 

* " Having a desire to see that famous scholar and physician, Dr. Thomas 
Browne, author of the ' Religio Medici,' and ' Vulgar Errors,' — now lately 
'knighted!' — Diary. 

t Ante, pp. 137, 139. % Ante, p. 164. 

§ Evelyn, Diary, v. ii., p. 65. jj Ibid. 



THE HOWARD PAPERS. 215 

fourteen months,* and for about the same period of time, 
had ceased to be the reigning favorite at court : her eleva- 
tion to high honors indeed, marks the period of the decline 
of her power : she had already " made herself even with 
the king " in his divided attentions, by more than one 
liaison, that royalty — "not easily jealous/ 7 — could yet* in 
no wise entertain ;-f- and the scandal of her retaliation had 
produced, if not a total disregard, at least an indifference, 
and a separation of intimacy, that was never afterwards re- 
newed ; and although the fascinating and imperious duchess 
continued to grace the Court with her presence, she had 
her "faction " and particular interests, as well as her rivals, 
apart from the politics of the Court. J It was not, however, 
the enchantment of her personal attractions, if they had 
been the means of her elevation to Court favor, that alone 
gave her title to a position of rank : she was honorably 
descended § and nobly connected — doubly so with the 

* The lady Castlemaine was created baroness of Nonsuch, in the county 
of Surrey, countess of Southampton, and duchess of Cleveland, by patent, 
dated August 3rd, 1670. 

t Pepys, Diary, v. iv.,pp. 145, 415. The lady Barbara, daughter of the 
duchess, born at Cleveland House, July 16th, 1672, was not acknowledged 
by the king. 

|. Pepys, Diary, v. iv.,p. 436; v, v.,p, 290; Ante, p. 106. 

§ The lady Barbara Villiers was only child of William viscount Grandison, 
son of Sir Edward Villiers, President of Munster, half brother of George, 
first duke of Buckingham. The viscount Grandison, "than whom," says 
Clarendon, " the Court or Camp could not shew a more faultless person," 
with his three brothers, all distinguished themselves by their military ser- 
vices for the king in the great rebellion ; and the viscount, being mortally 
wounded at the siege of Bristol, died at Oxford, in August, 1643, in the 
29th year of his age. The lady Barbara was then an infant; and her 
mother had married a third husband before she arrived at womanhood. 
Amid the frailties and follies of her after years, let it be remembered, as one 
of the "personal virtues" that Collins attributed to her (Peerage), and a 
more recent genealogian (Banks) found it " difficult to accredit," that one 
of the earliest acts of her power was to erect a noble monument over the 
ashes of her honorable and valiant parent, in the cathedral of Christchurch, 
Oxford. 



216 THE HOWARD PAPERS. 

Howards; for her valiant uncle, Sir Edward Villiers, # 
married the lady Frances Howard, sister of James, earl of 
Suffolk ; and her aunt, the lady Barbara Villiers, became 
second wife of the same earl, and was the mother of one of 
his coheiresses. f There was also another family connec- 
tion that brought the duchess of Cleveland within the 
familiar knowledge of the lord Howard; — her maternal 
aunt, the lady Cicely Bayning, had married the loyal 
Henry Pierrepoint, marquess of Dorchester, son of a Tal- 
bot, and intimately associated with the affairs of the Arun- 
del Howards. J A friendship, therefore, with the Court 
favorite, may be readily assumed as the natural consequence 
of family alliances, without the suspicion of seeking Court 
favor by indirect means ; the more especially, when the 
long and personal intimacy of the lord Howard with the 
king and the duke of York, for any personal views that 
were open to his ambition, could scarcely have rendered 
the proposed marriage an essential expedient. Thus, while 
it is not improbable that the fascinating duchess, yet in the 
pride of her womanhood, may have been the theme of lively 
conversation with the travellers ; and my lord may have 
indulged in the reveries of an exhilarated fancy ; it is ob- 
vious that the confidential communication related by Eve- 
lyn, was one of those after-dinner conversations that will 
not illustrate the adage, in vino Veritas: no dependance in 
truth can be placed on the statement, as a serious proposi- 
tion ; and of the daughters of this interesting lady, to 
whom only reference could have been made, the eldest, 

* He was a Lieut.-Colonel in the king's army; wounded at Newbury, in 
1643. After the restoration, he was appointed Marshal of the Household ; 
and the lady Frances, his wife, became governess of the princesses, Mary and 
Anne, afterwards queens of England. 

t The lady Elizabeth Howard, who married Sir Thomas Felton, of Play- 
ford. The other co-heiress, child of the earl's first marriage, was the lady 
Essex Howard, who married Edward lord Griffin, of Braybrooke. 

$ Ante, pp. 57, 63, 115, 172, 191. 



THE HOWARD PAPERS. 217 

Anne Palmer,* at this time, was only ten years old ; and 
the younger, Charlotte Fitzroy,f a child seven years of age. 
The young ladies in question were destined to carry addi- 
tional honors to other courtiers of less pretence ; while the 
lord Howard (who had the highest honors the king could 
confer, in possession and prospect), appears to have desired 
for his son more solid garniture. A marringe, having far 
different views of aggrandizement, had been some time on 
the tapis; and the young noble had not long attained his 
majority, when his noble parent himself almost despairingly 
explained the nature of his ambitious views. In June, 
1675, the earl of Norwich, writing to his brother, the 
Cardinal of Norfolk, says : " Your nephew Harry's mar- 
riage hangs strangely ; and the event, I doubt, uncertaine ; 
since that after I had agreed to all and every minute par- 
ticular of my part, as they asked, I find scarce any advance 
or step towards raising the £20,000, which is the sine qua 
non"% This absolute condition (which certainly could 
have had no reference to Evelyn's suggested alliance) was 
perhaps the pivot on which turned, not only his matrimo- 
nial connection, but the shade of his religious faith; for 
the earl adds : " I hope, however, it may at last come on, 
els I see he will have a great desire to follow his brother 
into Italy ; when I conclude your Eminence will cause him 
to attend and follow you."§ The fair subject of this 
anxious negotiation w 7 as the lady Mary Mordaunt, only 

* Anne Palmer, the king's "adopted" daughter, born 29th February, 
1661, before the separation of the lady Castlernaine from her husband, was 
married, in August, 1674, to her cousin, Thomas, second lord Dacre (created 
earl of Sussex), son of Francis, lord Dacre, and the lady Elizabeth Bayning, 
aunt of the duchess of Cleveland. 

t Charlotte Fitzroy, born 5th September, 1664, was married, 20th Feb- 
ruary, 1676, to Sir Edward Henry Lee, of Ditchley, co. Oxford, baronet; 
created baron Spelsbury, in the same county, viscount Quarendon, co. 
Bucks, and earl of Lichfield. 

X MS. at Arundel House. — Tiernay, Hist. Arundel. 
§ Ibid. 



218 THE HOWARD PAPERS, 

daughter and heiress of Henry, earl of Peterborough, a 
family already connected with the Howards.* 

Henry earl of Peterborough, was a nobleman whose zea- 
lous loyalty in troublous times had been rewarded with 
Court favor ; and from the time that he successfully nego- 
tiated the marriage of the duke of York at the Court of 
Modena, and brought the young princess away with him 
to England,f he had attached himself to the fortunes of 
the heir presumptive to the throne. The earl held the ap- 
pointment of Groom of the Stole to the duke of York ; J 
and his countess held the same office to the duchess. § The 
lady Mary Mordaunt, their daughter, of a lively wit and 
agreeable manners, had all the advantages to be acquired 
from associating with the best society ; and about the time 
when the treaty of marriage w 7 as hanging in the balance, 
and of doubtful issue, in the opinion of its most solicitous 
negotiator, we obtain a lively view of the young lady dis- 
playing her attractions and talents to an admiring throng, 
as an active participator in the revels at Court. 

" December 16, 1674, at night," writes -Evelyn, " I saw' 
a comedy at Court, acted by the ladies only, amongst them 
the ladies Mary and Ann, his royal highnesses two daugh- 
ters ;|| and my dear friend, Mrs. Blagg, who, having the 

* Vide ante, p. 110. t Ante, p. 169. 

$ The appointment, under the duke, was worth £400 per annum. When 
the duke came to the throne, the earl held the same office, with a fee of 
£1000 a year.— Chamberlayne. At the coronation, the earl carried the 
sceptre with the cross; and, together with his son-in-law, the duke of Nor- 
folk, and the earl of Rochester, was installed Knight of the Garter, with a 
magnificence of display that was made the subject of a published work. — 
Fol. 1685. 

§ The first appointment of the countess of Peterborough, was lady of the 
Bedchamber, at £200 per annum ; afterwards, as Groom of the Stole, the 
salary was £400 a year. — Chamberlayne. After the accession of the duke 
to the throne, the countess held two offices under her majesty : as Groom 
of the Stole, she received £800 per annum; and as lady of the Robes, £400 
more. — Ibid. 

|| Daughters of the duke of York by his first wife, Anne Hyde; after- 
wards queens of England. 



THE HOWARD PAPERS. 219 

principal part, performed it to admiration. They were all 
covered with jewels."* 

The play was Calisto, or the Chaste Nymph,-\ and the 
cast of the characters was thus disposed : — 

* Diary, v. ii., p. 94. The pastoral was repeated on the 22nd, on which 
occasion, writes Evelyn, Mrs. Blagg had about her near £20,000 worth of 
jewels, of which, she lost one worth £80, borrowed of the countess of Suf- 
folk. The press was so great that it is a wonder she lost no more. The 
duke [of York?] made it good. — lb. 

t A Masque, by John Crowne, gent., 4to., 1675. Dedicated to H. R. H. 
the lady Mary, eldest daughter of H. R. H. the Duke. The music by Mr. 
Staggins. The piece was written by command, to be performed at Court 
before their majesties; in which none but persons of the most illustrious 
quality were to be actors. The characters to be represented by seven ladies, 
two only to appear in male attire. It became very attractive, and was 
rehearsed and acted at Court twenty or thirty times. — Preface. 

If these facts had not been known, Mr. Crowne's drama might have been 
taken for a satire on the Court; and Charles the Second must have been 
the most impassible of kings to have sat out the performance. A sensitive 
monarch, like Claudius, of Denmark, would have called for — " lights, — and 
away !" — when Jupiter, discovering Calisto asleep on a bank of flowers, 

exclaims : — 

Now Juno, thy disgrace with patience bear, 
And to disturb my pleasure do not dare. 
Thou might'st contend in beauty with the rest, 
But this shakes all thy int'rest in my breast. 
Keep in thy heaven ; and do not cast an eye ; — 
There gnaw thyself with rage and jealousy. 

Thou art already half undone ; 

Be glad thou dost enjoy my throne : 
For plague me now, I'll chase thee from my bed, 
And place thy crown upon thy rival's head. 

INTor had the wrongs of the queen an exponent less impressive, when 
Juno, in the third act, seeks her wandering spouse : — 

Down from the heavenly rooms and airy throne 
Where I've been left so long a time alone, 
As fast as jealousy my step could bear, 
I come to seek my wandering Jupiter. ■ 
I am assured he does not wait 
On any politic affairs of state : 
He stays not to employ his public mind 
And fix the general business of mankind. 

No, I have too much cause to fear, 
Affairs less good and virtuous keep him here. 
My blood grows hot ! And must I then be used 
For ever thus ! For ever thus abused ! 
Must every trifling nymph that looks but fair, 
Entice from my embrace my Jupiter ! 



220 T.11E HOWARD PAPERS. 

Calisto (the chaste nymph, favorite of Diana, beloved 
by Jupiter) — Her royal highness, the lady Mary.* 

Nyphe (a chaste young nymph, friend to Calisto) — 
Her royal highness, the lady Anne.f 

Jupiter (in love with Calisto) — The lady Henrietta 
Went worth. J 

Psecas (an envious nymph, enemy to Calisto, beloved 
by Mercury) — The lady Mary Mordaunt. 

Juno — The countess of Sussex. § 

Diana (Goddess of Chastity) — -Mrs. Blagge.|| 

Mercury (in love with Psecas) — Mrs. Jennings.^! 

* Her royal highness was in the 13th year of her age. 

i A character not without some vivacity of action. The young princess 
did not numher quite eleven years. 

t Daughter of Thomas, lord Wentworth, of Nettlested, son and heir of 
Thomas earl of Cleveland; but died before his father. Henrietta lady 
Wentworth (baroness in her own right), is principally known for her illicit 
connection with the duke of Monmouth, who resided with her at Toddington. 
On the scaffold, the duke spoke in vindication of his " Henriette, a young- 
lady of virtue and honor, whom he loved to the last." To the divines, with 
whom he conferred, he admitted that he had lived with her as his wife. 
With that confession, the attachment of a man who had abandoned his 
duchess, and a mistress, with several children by each, loses some of its 
romance: yet lord Macaulay is willing to believe that the duke, like the 
melancholy Jaques, wandered about the park at Toddington, carving the 
name of his third beloved upon the trees! — Hist., v. i., p. 624. The lady 
Wentworth survived the duke only a few months, dying, it is said, heart- 
broken, at the untimely end of" him she loved too well." In the drama of 
Calisto, the duke of Monmouth was " one of the men who danced." 

§ The lady Anne Fitzroy, daughter of the king and the duchess of 
Cleveland, wife of the lord Dacre, created earl of Sussex a few months pre- 
viously. The countess was not quite fourteen years of age. 

|| Late Maid of Honor to the queen. Margaret, youngest daughter of 
Col. Thomas Blague. She married Sydney Godolphin, afterwards raised to 
the peerage, and was mother of the second earl Godolphin ; but she died 
before the flow of her husband's good fortune, in the year 1678, at the age 
of 26. A memoir of this excellent lady, from the pen of Evelyn, has been 
edited by the bishop of Oxford. 

Among the nymphs attending on Diana, was a younger sister of the 
duchess of Portsmouth, Henrietta de Querouaille, countess of Pembroke. 

if Sarah Jennings, Maid of Honor to the duchess of York, who married 
John Churchill, and became the celebrated duchess of Marlborough. 



THE HOWARD PAPERS. 221 

Evelyn was not an admirer of histrionic presentations : it 
was only at Court that he could at all countenance them:* 
and dazzled bv the magnificence of his friend, the chaste 
goddess, blazing in jewels, his partiality may therefore be 
excused for mistaking the cynosure of mythological di- 
vinity to have been the "principal part" in the persona? of 
the drama. The author, by giving the name to his play, 
paid Calisto that compliment; though little Nyphe, in a 
quarrel with the wandering nymph, has perhaps more 
vivacity : but the envious and wayward Psecas is the life 
of the piece ; and required some natural talent and esprit 
to give the character dramatic effect. 

Jealous of the praises Diana bestows on Calisto, her 

favorite nymph, Psecas exclaims : — 

(Aside) Our poor deluded goddess is undone, 
This favorite has her heart and empire won : 

and, referring to Calisto : — 

Oh! how for praise she spreads a spacious net — 
Not one regard to us can passage get. 
Our virtues will not go for virtues long, 
I neither will nor ought to bear this wrong : 

Diana compliments Nyphe ; who responds ; and Psecas 
comments : — 

(Aside) Hark ! how they bandy praise and flattery round ! 
Each takes her turn to catch it at rebound, 
Whilst we, desertless fools, must patience feign, 
And praise ourselves, if any praise we'd gain. 

Our youth, I find, we wisely waste, 

And are to mighty purpose chaste : 

Since these our kind rewards must prove, 

I will, in pure revenge, go love ! 
A god-like youth, and vassal to my eyes 
Has long with patience borne my tyrannies : 
The humble slave each moment I torment, 
And rage, which others slight, on him I vent ; 

But now his suff'rings I'll requite, 

I'll go and love him out of spite. 

* A grand masque, with a magnificent banquet, at Lincoln's-Inn, was 
et a solemn foolery." — Diary, v. i., p. 359. 

P 



ir 



999 
** THE HOWARD PAPERS. 

Diana dismisses her nymphs to hunt « the nimble Dear :»- 
Let's hunt the nimble Bear without delay : 
We have decreed the martyrs of the day j 
And what you all shall kill together bring, 

Pseeas ^CmZ V^ " M *** [ *« 
no, 1 U about another care, 

I'll seek my love, discover me who dare. 

On the whole train the shame shall fall ; 
I'll swear we are dissemblers all : 
From men we only seem to fly, 
To meet them with more privacy. 
That I sincerity approve, 
And boldly own to all the world I love. 
In the third Act, Pseeas is hunting for her dea; 
Where is this love of mine a-wand'ring now 
When I would scarce a look to him allow, 
The restless slave would follow me all day; 
I could not frown or chide him then away'- 
And now that I would kind to him appear, 
The handsome fool is gone I know not where. 
If any of the winged train of love 

Now hover in this grove, 
Go fetch the moaning boy to me, with haste; 
Tell him the happy minute's come at last : 

For by love's bow I swear 
I with my goddess open war declare, 
And for the battle all my charms prepare. 

Enter Mercury. 

Ha f what fair vision thus assails my sight f 
My beauties love, I swear, arrayed in light!— 
Sparkling in glory, brighter than the day, 
His splendid.train sweeps all the shades away. 
Mercury. My nymph » 

Pseeas. My love appear to me again. 

Welcome, as sudden ease to one in pain. 
Where hast thou hid thy lovely self to-day ? 
A whole long morn together from me stay ? 
I have been seeking thee in every grove. 
* * [she grows jealous'] * * 
Some of the charming goddesses above 
From me have spirited away my love; 
Venus has chose thee for her page, and she 
Has dressed thee in this shining livery. 



THE HOWARD PAPERS, 223 

Mercury. Oh ! what amazing change is this ! 

Am I a-dreaming now in paradise? 

***** 

Can Psecas, then, do anything than kill ? 

Psecas be kind, and yet be Psecas still? 
Psecas. The very Psecas who did hate thee once, 

But now does all her cruelty renounce ; 

And with it both my goddess and her train, 
Whom now I shun, — I hate, — disdain ; 

Throw off the yoke of her unnatural law, 

And ail my beauties from her camp withdraw ; 

And now in Love's and Nature's cause will fight, 

And do my sex and injured beauty right. 
Mercury. Oh, with what noble courage art thou fired ! 

What courteous god these thoughts in thee inspired? 

Lead on, we will begin the war to-day, 

I'll fight the cause, and thou shalt be the pay. 

Through a vista in the grove, Mercury points to Calisto re- 
ceiving the attentions of Jupiter. 

Psecas. Oh ! how I am transported with the sight : 

Oh! that some god now my revenge to please, 

Would summon hither all the deities, 

All Beings mortal and immortal too, 

And shew her shame to universal view. 
Mercury. My nymph not yet her empire understands : 

See here a god attending her commands. 
Psecas. Ha ! what great brightness does around thee shine ? 

Something beams through thee like a power divine. 
Mercury. Such glorious vassals are your beauties' due, 

And less than gods should not pretend to you. 
Psecas. This is a fate more great than I would crave : 

Have I a god then for my beauties slave? 
Mercury. One of the highest rank, and next the throne. 
Psecas. This is a love I may with honor own ; 

For petty gods, like mortals I despise, 

But yet I understand not deities. 

I fear your passion I must disapprove: 

Gods always make dishonorable love. 
Mercury. By Love ! by Styx! I true to thee will be, 

And lose my godhead c re be false to thee ! 
Psecas. Suppose you constant to your love remain, 

I know not how a god to entertain; 

Or, if I did, perhaps divine delight 

May not agree with human appetite. 

p2 



224 THE HOWARD PAPERS. 

Mercury. The joys of gods exceed the thoughts of men. 
Psecas. Of gods ! and shall I be a goddess then ? 
Mercury. As great as Juno, more beloved and praised, 

And have more altars to thy beauty raised ? 
Psecas. What, and have power to torture all I hate, 

That will not die with envy at my state ? 
Mercury. All, all. 
Psecas. Oh, then the nymphs I will torment ; 

Bat for Calisto I will plagues invent. 

By my great self this does so pleasing prove, [aside'] 

My ravished heart begins almost to love. 

She is discovered by Nyphe, who is seeking Calisto ; and the 
grove becomes the witness of a recriminating scene : — 

Nyphe. Ha! Psecas here — a lover entertain, 

Oh, the vile nymph, she will disgrace our train. 
***** 

I'll tell it all, though I that moment die. 
Psecas retaliates with the menace — • 

— to blast her virtuous nature in the bud.— 
I'll call the nymphs, and swear you are his love. 
***** 
(Aside) Oh, how I long till I my reign begin 

To plague the nymphs I hate, and play the queen. 
***** 

The scene is renewed in presence of the deities. 

Psecas. Malicious! will you wipe your stains on me, 

And soil my honor with your Mercury ! 
Nyphe. My Mercury? 
Psecas. Yes, your's ; whose should he be ? 

He durst not have presumed to think of me. 
Nyphe. Did I not find him with you making love? 
Psecas. Did I not leave him with you in the grove? 
Nyphe. You did ; but do you not the reason know? 
Psecas. Must I a reason for your vices show? 

Mercury (who has entered into the conspiracy) calls (without) 
Nyphe, my love ! 
Steal to me, — I will help thee, — do not stay; 
Nyphe. Steal to thee; who art thou? 
Mercury. Haste, haste, away ! 

Psecas. Now truth is true, I hope; and seeing sight; 
Now pray inform us, who is in the right ? 
Diana weeps. 



THE HOWARD PAPERS. 225 

In the fourth act, Fsecas scorns the divinities : — 

Gods, goddesses and nymphs, away I'll fly 

And keep no more such trifling company. 

I'll hunt alone, and in myself delight, 

And be my own dear lord and favorite. 
Diana. She is grown frantic. 
Juno. Rather she is brave -, 

Stay, generous Psecas, I thy friendship crave. 

Bury not all thy worth in a retreat; 

Give me thy love, and I will make thee great. 

Juno, sympathizing with Psecas, determines on deposing the 
empress of the woods: — 

She shall disgrace our dignity no more : 
I will depose her from her heavenly power, 
And crown thee in her stead a power divine ! 
I will ! — The empire of the woods is thine. 
Meanwhile, I to my first revenge will fly ; 
Thy foes and mine shall at the altar die. 
Psecas. Oh ! how I am transported with success, 
» Courted and sought by Fame and Happiness ! 

Enter Mercury* 

But how malicious does my fortune prove; — - 

Now comes he here to pester me with love. 
Mercury. My fairest queen ! 

Psecas. Thou troublest me, begone ! 

Mercury: What change is this ? 
Psecas. I'm busied in fruition 

Of a new love. 
Mercury. Do you say this to try 

If with despair I at your feet will die? 

Name him — 
Psecas. Myself. 

Mercury. Oh, then, farewell, despair, 

I hope in that fruition I may share. 
Psecas. I must feign love that I may freedom gain (aside). 

Another time you shall. 
Mercury. Oh ! where and when ? 

Psecas. Perhaps this evening. 
Mercury. Where ? 

Psecas. In yonder grove. 

Mercury. Will you not fail me ? 
Psecas. Ask a maid in love 

If she will fail to meet with her delight ? 



226 THE HOWARD PAPERS. 

Mercury. With expectations of this pleasant night :— 

Till it arrive my thoughts 1 will employ. [Exit.~\ 

Psecas. Do! Expectation's all you shall enjoy. 
If in the grove he tarries till he sees — 
Me there — he shall stay longer than the trees ! 

The lady Mary Mordaunt, when she embodied the lively 
character of Psecas to the delight of a crowded Court, was 
sixteen years of age ; and if that purblind wayward boy, 
dan Cupid, could be supposed, to have aught to do with so 
weighty a matter as the alliance of two noble families in 
marriage bonds, it might have been suspected that the 
young lady who had displayed so much talent on the mimic 
scene, had been consulted, and was capricious, or wilful in 
her dissent. Wherein else could have arisen the apparent 
indifference and delay ? The heiress of an earl could hardly 
have indulged in a matrimonial prospect more eligible than 
that of first duchess in the land, albeit in the distance : — 

One of the highest rank, and next the throne. 

To such a proposal, even the wayward nymph might have 
responded : — 

This is a love I may with honor own : 

and, — though such considerations may not much have in- 
fluenced the earl and countess of Peterborough in the set- 
tlement of their daughter, — if the fair young baroness # had 
other altars raised to her charms than the imps of Plutus 
were elaborating; if she had revelled in the fragrant in- 
cense, and become a goddess by the voice of men, — in a 
Court of gallants, brilliant in wit and sparkling in flattery, 
the vanities of woman must be her excuse. The mercenary 
deity was triumphant: some equivalent for the sine qua 
non was at length arranged ;f the father of the bridegroom, 

* She inherited the barony ofMordauntof Turvey, with the more sub- 
stantial accompaniment of the estate and manor of Drayton. The earldom 
of Peterborough passed to her cousin, Charles Mordaunt. 

+ On her marriage, the earl of Peterborough paid, as part of his daughter's 
portion, £10,000, and settled lands of near £1000 per annum, the reversion 
of which, on failure of issue, was limited to the lord Howard and his heirs 



THE HOWARD PAPERS. 2*2? 

advancing in the category of rank, by the king's favor 
had become earl of Norwich; and in August, 1677, the 
marriage of the "lord Howard, of Castle Rising,"* with 
the lady Mary Mordaunt, only daughter and heiress of the 
earl of Peterborough, became the gossip of the Court.f In 
October, the Cardinal of Norfolk congratulated his nephew 
on the auspicious and happy event. " Our whole familie," 
he writes, " was concerned to see you well setled in a con- 
dition, on which its honor and prosperitie depends. Both 
these are abundantly provided for, by allying yourselfe 
to so noble a familie, and marrying so accomplished a 
lady."J The king's favor added lustre to the nuptials; 
lord Arundel, as he was then stiled by courtesy, being 
summoned to the upper house of parliament, vita patrisj 
by the title of baron Mowbray, the same year.§ The 
popish plot, however, which occurred within a few months, 
was calculated to disturb the new arrangement of the baron's 
bench. In November, 1678, was passed the bill virtually 
excluding papists from parliament. It is known, that in 
consequence of that measure, the duke of Norfolk retired 
from the House ; but whether he recommended a different 
course to his son, as related by the earl of Dartmouth, |J 

forever; and tire earl, after the decease of himself and his lady, secured 
to the lord Howard the furniture of Drayton, worth £10,000 more.— Case 
of the duchess. 1G97. * Dugdale, MS. Additions. 

t On the 9th August, Evelyn writes, " Dined at the earl of Peterborough's 
the day after the marriage of the lord Arundel with the lady Mary Mor- 
daunt." — Diary, v. ii., p. 110. 

* Orig. at Norfolk House. — Tiernay, Hist. Arundel. 

§ Summons, dated 14th January, 167J; and the new baron, by the stile 
of" Henry Mowbray, chevalier," was introduced, with ceremony, on the 
28th of the same month. His lordship, being robed, the lord Great Cham- 
berlain [the earl of Arlington], and the earl of Peterborough, deputy Earl 
Marshal, goiug before him, lord Mowbray was brought in between the vis- 
count Stafford (his great uncle) and the lord Howard of Escrick [Thomas, 
lord Howard, who married Elizabeth Mordaunt, aunt of the lady Arundel]; 
and he was placed at the upper end of the barons' bench, in the place of 
his grandfather, who had been so called the 16th April, 1G40. — Lords' 
Journals. \\ Note on Burnet. Hist. Own Time, v. \\\.,p. 262. 



228 THE HOWARD PAPERS. 

or he was left free to the exercise of his own convictions or 
policy, the lord Mowbray did not evince the same scruples; 
and a few months later, it is recorded by Luttrell, that 
" the lord Mowbray, son of the duke of Norfolk, is turned 
protestant, hath received the sacrament, and goes to 
church."* If this was a measure adverse to the tendency 
of the Court, it was in agreement with the king's professions, 
and while it gave lord Mowbray political power, it in no 
way perceptibly interfered with the award of honors to his 
share : as a peer of parliament, the stirring events that 
agitated the nation, engaged his constant attendance ; and 
he was enabled to record his unavailing vote for the 
acquittal of his unfortunate relative, the viscount Stafford.f 
On the decease of prince Rupert, in 1682, the king con- 
ferred on lord Mowbray the office of Constable and 
Governor of the Castle and forest of Windsor, J with the 
lord-lieutenancy of the counties of Berks and Surrey; a 
few months later, the lieutenancy of the county of Norfolk 
was added to his store of honors ; and about a year before 
the death of the king, January 11th, 168|, the anniversary 
of his own birth, he became duke of Norfolk. 

The accession of James the Second brought additional 
offices of honor and trust to his share ; and the ceremony 
of the coronation gave occasion for asserting the claim of 
his family to numerous services of distinctive mark.§ It 

* Diary (Easter, 1679), v. i., p. 9. Henry lord Mowbray took the Oath 
of Allegiance and Supremacy, and made and subscribed the declaration in 
pursuance of the recent statute, on Friday, 11th April, 1079. — Lords' 
Journals, v. xiii. 

t See his letter to the countess of Arundel, ante, p. 102. 

X January 18, 1682-3. The earl of Arundel took possession of his 
government of Windsor Castle. — Pointer, Chron. Hist. An appointment 
of some emolument, since Mr. Tiernay mentions an arrear of £12,000 due 
to the duke. — Hist. Arundel. 

§ The claims of the duke of Norfolk, at the coronation of James the 
Second, were manifold : — 

1. As Earl Marshal of England, he claimed and performed the duties of 
that office. 



THE HOWARD PAPERS. 229 

was a proud day for the duke ; his great-grandfather, who 
bore the baton of Earl Marshal at the coronation of Charles 

2. As Earl Marshal of England, he claimed to appease the debates that 
might arise in the king's house on that day; to keep the doors of the same, 
and of the Abbey, &c, and to dispose of the places to the nobles, &c. ; with 
all fees belonging thereto : but this claim was disallowed, as unprecedented, 
and in several respects counter-claimed by the lord Great Chamberlain. 

" The disallowance of this claim, as unprecedented" observes Mr. Banks, 
(Hist. Fam. Marmyun, App., p. 187, Ato.) is a singular contradiction to 
' The manner and form how Gilbert die Striguil, Marshal of England, used 
the same office in all his time, and how he was admitted, holden and taken, 
in executing the same office, at the coronation of king Henry the Second, §-c.' 

The foregoing extract from The office of Earl Marshal of England, by 
Mr. Edmondson, Mowbray Herald, (who had adopted a MS. in the Cotton 
Library,) appeared unanswerable to Mr. Banks. Nevertheless, the disal- 
lowance, as claimed by the duke, was most probably correct. Gilbert 
Marshal, who performed certain duties " all his time," does not appear to 
have been Marshal of England; but held a distinct office, viz., Marshal 
of the king's House. 

3. The duke of Norfolk, as first earl of England, claimed to redeem the 
the Sword offered by the king at the altar, and to carry it before his 
majesty in his return to his palace, and reservation of other rights and 
dignities, with fees, &c. 

The claim as first earl of England, had reference to the earldom of Arun- 
del, a title commencing in the reign of Henry the Second, adopted from the 
castle of that name; but the claim was not admitted, as not allowed at the 
previous coronation. 

4. The duke of Norfolk, as earl of Surrey, claimed to carry the second 
Sword before the king, with all privileges and dignities thereto belonging. 
This claim was not admitted, for the same reason as the foregoing. 

5. The duke of Norfolk, as earl of Arundel and lord of Kenninghall 
manor, in Norfolk, claimed to perform, by deputy, the office of Chief Butler 
of England; and to have for his fees the best cup of gold and cover, with 
all the vessels and wine remaining under the bar, and all the pots and 
cups, except those of gold and silver, in the wine cellar, after dinner. This 
claim was allowed, with only the fee of a cup and cover of thirty-two 
ounces of pure gold. 

It is not to be controverted that feodal services in their origin, whether 
to the State or to the person of the king, rewarded by a grant of lands, 
were actual duties, to which the service of the Botelry formed no exception. 
According to Dugdaie, the office of Chief Butler was the grant of the Nor- 
man Conqueror to William de Albini, to hold, with certain manors in Nor- 
folk. His descendants appear to have been distinguished by the title of 
pincerna regis ; and when Adeliza, widow of Henry-the First (who held the 



■doK) THE HOWARD PAPERS. 

the First, was the last member of his ancestry who had so 
officiated • and since then two earls of Arundel and two 

honor of Arundel in dower) gave her hand to the king's butler, William de 
Albini became earl of Chichester, Sussex or Arundel, with that castle as 
the caput baronies of his extensive possessions; but the earldom was totally 
distinct from the Botelry, and that office from the earldom. 

When Hugh de Albini, last of his name earl of Arundel and Sussex, died 
without issue, in 1243 (27 Hen. III.), and his estates became divisible 
among "distaffs," the castle of Arundel was awarded to his sister, Isabel, 
wife of John Fitzalan ; and the Norfolk manors were partitioned between 
Cecile, who married Roger de Montalt, and Mabel, wife of Robert de 
Tateshall. The return to the writ ad quod damnum, in 1276 (4 Edw. I.), 
proved that the manors of Bokenham, Wymundbam, and Kenninghall, 
were held in capite of the king, by the service before named ; and at the 
coronation of Edward the Second, Robert de Montalt, as lord of Kenninghall, 
claimed to perform his turn of the service; but Edmund Fitzalan, earl of 
Arundel, exerting his great power, (though he did not possess any one of 
the manors to which it had been adjudged) was allowed to perform the ser- 
vice, to the disherison of both Montalt and his parcener. 

However, in the first year of Edward the Third, Robert de Montalt peti- 
tioned the barons of the Exchequer to be admitted Chief Butler at the 
coronation, in respect of his manor of Kenninghall, and recovered against 
the earl of Arundel, who claimed it in right of his earldom. Montalt 
accordingly performed the office, and obtained a decree that the service 
should thenceforward be executed by the lords of the manors of Kenning- 
hall, Bokenham, and Wymundham, or their deputies in turn. — Lib. MSS. f 
No. 1931, in Bib. Pepysiana. De Serjaniiis in Anglia. 

But the service of the Botelry appears to have appertained to other lands 
formerly in possession of the Albinis, earls of Arundel ; and, notwithstand- 
ing the award in favor of the Norfolk manors, the Testa de Nevil, a record 
of earlier authority, refers the office of pincerna regis to the tenure of a 
manor in the county of Kent: " Serjantia de Bilseton quoe quonda fuit 
comitis ArundelC p qua debuit esse pincna Reg" alienata est in 'p'te p 
divsas p tic as" — Lib. Foed., v. ii., pp. 37-8. 

Camden relates that the family of Staplegate bought Nether Bilsington 
of Richard Fitzalan, earl of Arundel, and held it for several generations. 
Yet at the coronation of Richard the Second, Richard, the fourth Fitzalan 
earl of Arundel, used his power again to contest the service, and performed 
the office of Butler in Chief; but with a salvo jure that this turn shall not 
infringe the right of Staplegate or of any other owner of Nether Bilsington. 

Mag. Brit., p. 1181. Ed. 1720. Yet at the coronation of Henry IV., 

the right of the earldom, as the most powerful means of claim, appears to 
have been again asserted. 

The family of Montalt had become extinct in the 13th Edward III., and 



THE HOWARD PAPERS. 231 

dukes of Norfolk had passed to the tomb. St. George's 
day, 1685, was also a proud day for the duchess ; she. took 
precedence of her mother in rank ; and as the principal 
attraction of the coronation was the youth and beauty of 
the queen, " a glorious shew of the most illustrious ladies, 
both for presence and quality," was the natural arrange- 
ment of her attendant Court for the occasion : not least 
attractive of the brilliant assembly, the duchess of Norfolk 
was selected to bear her majesty's train ; and received the 
permanent appointment of a lady of the Bedchamber, with 
a fee of £500 per annum. 

The garter, vacant by the advancement of the king to 
the sovereignity of the order, was presented to the duke ; 
and the colonelcy of a regiment of foot (which he resigned 
the following year), gave him a military position; and was 
calculated to unite him more actively in support of the 
throne. Indeed, " by king, James," observes Mr. Tiernay, 
" the duke appears to have been treated with an attention 
bordering on regard. Anxious to secure the support of his 
powerful influence for the schemes he was already medi- 
tating, or by manifesting an attachment to a nobleman 
who had but lately abandoned the ancient form of worship 
for that of the established church, he flattered himself that 
he should more easily obtain credit for the sincerity of his 

the manor of Kenninghall, attending the vicissitudes of several families, 
ultimately passed with a co-heiress of Thomas Mowbray, duke of Norfolk, 
to Sir John Howard, Knt., created duke of Norfolk, and slain on Bosworth 
field. 

In the intervals of time, to our own day, the claim of the earldom and of 
the Norfolk manor, appears to have been asserted, separately and in 
conjunction, as best suited the occasion; while from the coronation of 
Richard the Second, the right of Nether Bilsington has been uninterruptedly 
asserted and acknowledged. If, therefore, the golden coronation cups, 
which the Howards do not possess, be evidence of the right of Kenninghall, 
the three maple cups still presented by the lord of the manor of Nether 
Bilsington, and accepted by the sovereign on the august ceremony of a 
coronation, unquestionably represent the shhiks or wine cups, the ancient 
symbol of the office of the Botelry. 



232 THE HOWARD PAPERS. 

intentions in promoting a universal toleration ; certain it is, 
that both the duke of Norfolk and his family continued to 
receive at the hands of the king the most universal testi- 
monies of his esteem."^ And the duke, in return, never 
forgetting the protestant principles he had adopted for his 
guide of faith, continued an honest and faithful adviser of 
the king, until his majesty definitively elected to cast his 
royalty to the winds, and abandon his sovereign trust jri a 
stubborn despair. 

Little time was lost in making these courteous advances : 
on the 13th day after the coronation, the duke was elected 
to the companionship of the Garter. On the 22nd July, 
the installation took place, " with such grandeur, that the 
ceremonies thereof were printed and licensed by his Grace 
as Earl Marshal :"f and the plate of his titles, set up in 
his stall in St. George's chapel at Windsor, recorded the 
following long list of honors : — 

" Du tres hault puissant et tres noble Prince, Henry, Due de Norfolc, et 
Conte Marescal d'Angleterre, Conte d'Arundel, Surrey, Norfolc et Nor- 
wich, Baron Mowbray, Howard, Segrave, Bruce (de Gower), Fitz-Allen, 
Warren, Chin, Oswaldstre, Maltravers, Graystock, Furnival, Verdon, Love- 
tot, Strange (de Blakmere), et Howard (de Castle Rysing), primier Due, 
Comte, et Baron, d'Angleterre, Conestable et Governeur du Chasteau, et 
honeur, et Guardieu de la forest de Windesor, Lieutenant des provinces de 
Norfolc, Surrey, et Berkshire, citte de Norwich et province de la ditte citte, 
et Chevalier du tres noble ordre de la jartiere, enstalle au chasteau de 
Windesor le 22 jour de Juliet, l'an 1685.":): 

Whatever might be said of the right of inheritance to 
some of these titles as mere empty honors •§ without affect- 
ing that right, the noble manor whence one of them had 
originated, had been very recently, by rude force of law, 
wrested from the possession of the illustrious K.G., when 
the heraldic record had been set up to perpetuate a doubt- 
ful truth. On the 1st June, a petition and appeal of 

* Hist. Arundel. t August 20, 1685.— Collins. 

X Stall 15, plate 11 in succession. — Collins. 



THE HOWARD PAPERS. 233 

Charles Howard, esq., in furtherance of his claim to the 
manor or lordship of Greystoke, had been presented to the 
House of Peers, praying reversal of the decree of the lord 
Keeper Guildford, which had annulled that of the lord 
Chancellor Nottingham in his favor,* and ousted him from 
his brief possession. On the 19th June, the petition was 
read, and counsel were heard during two successive days; 
the answer of the duke, and of Marriott, the survivor of 
the original wrong, were considered ; and the result of the 
deliberation was, that the Order of the Court of Chancery, 
of the 15th May, 1683, should be reversed ; and the decree 
of the same Court, of the 17th June, 1682, in behalf of the 
appellant, confirmed.*!- Thus terminated the long-pending 
family dispute, inherited with some other liabilities of the 
preceding generation, chargeable on his patrimony : among 
them, the portion of his aunt, the lady Elizabeth Macdon- 
nel, had not yet been discharged ; and it was a year or two 
later, when the lady Elizabeth Howard had changed her 
name a second time, that a bill was introduced to parlia- 
ment to discharge the duke of Norfolk and other trustees 
of the late duke, upon payment of certain sums of money 
to the lady Elizabeth Russell, wife of Bartholomew Russell, 
esq., that his estate was relieved from a long-standing en- 

* Ante, p. 195. 
t Lords' Journals, v. xiv., pp. 26, 50. The decree of lord Chancellor 
Nottingham ordered the defendant to account to the plaintiff for the profits 
since the demise of duke Thomas, in 1677 ; and referred the matter to a 
Master in Chancery to take the account. The petition of the complainant 
stated the value of the lands in dispute at £500 per annum ; and the late 
duke had computed his costs at £1700. — Ante, p. 196. At the elate of the 
final decree by the Lords, the account would embrace 7^ years rental, and 
the costs of suit. Some years had elapsed, and the affair was yet unsettled, 
when, on the 7th March, 1692, " The House being acquainted by his Grace, 
the duke of Norfolk, that there were several matters in dispute between his 
Grace and the hon. Charles Howard, his uncle, which they had design to 
refer to Mr. William Longueville," it was made an Order of the House that 
the duke do waive his privilege, &c: such order to continue in force from 
the date of signing the letter of reference until the determination of the 
dispute. — Ibid., v. xv., p. 278, 



234 THE HOWARD PAPERS. 

cumberance that had before engaged the attention of parlia- 
ment.* Add, that in addition to the broad acres which, 
within his remembrance, had been sold to discharge the 
debts of three preceding generations, — that his father, by- 
will, had severed from the elder branch of his family much 
property at his disposal, to make provision for his widow 
and second family ; and the prospects of the duke will 
appear to have needed the alliance of an heiress with an 
earl's endowment, to give him a fair start in the great world 
of fashion and display. But whatever were the hopes with 
which the duke had entered married life, they all took the 
wings of the morning and flew away. The alliance was 
neither fortunate nor happy; and the nine qua non, so 
stoutly contended for on his behalf by the duke, his father, 
proved as evanescent as any other earthly joy, and led to 
embarrassments which he did not survive. 

If the Court of Charles the Second had been notorious 
for its licentiousness, that of James the Second had not 
resolved itself into the severity of monastic ascetism. It 
might have been Diana's grove, from the description of 
Psecas herself: — 

The spreading trees are not so full of birds; — 
The caves of beasts; as all the woods around 
Of wanton gods, who everywhere abound, 
Waiting to make our chastity a prey, 
And gins and toyles do for our honors lay : 
On our occasions we can no where move, 
But straight we fall into some pit of love.t 

The gaities of the coronation had elapsed about five 
months ; the splendid installation of her father and husband 
to the knighthood of the Garter had three months fresher 
memory in the record of courtly honors, when the golden 
cup in which the happiness of this mis-matched pair had 
been incompletely mixed, was dashed to the ground ; — the 

* Lords' Journals, v. xiv., pp. 397, 415, 427; ante, pp. 172, 175. 
t Calisto, a. v. 



THE HOWARD PAPERS. 235 

lady of the Bedchamber had fallen into one of the toyles 
of that wicked son of Nox and Erebus, and was discovered 
in a low intrigue with one of the canaille of the Court. On 
the 26th July (the day of public thanksgiving for the dis- 
comfiture of the unfortunate Monmouth), Luttrell records 
the "great scandal" that w 7 as abroad respecting the duchess 
of Norfolk and " one Germyn." # Evelyn says, he was a 
Dutch gamester, of mean extraction, w r ho got much money 
by gaming."-}- The rumour and the scandal, some years 
later sustained by evidence, were not beyond the facts 
proven. The friends of the lady were surprised; and "the 
reputation which the duchess had maintained for wit and 
discretion made it difficult for many to believe that she 
could have been surprised in her amour as represented by 
the evidence. "J How acted the duke ? If the gallant 
had been his equal, he might have taken pattern by the earl 
of Shrewsbury, and received the satisfaction of the sword ; 
as he was beneath him in rank, he might have " run him 
through, as too mean a fellow to fight with."§ The duke 
was not wanting in courage ; he had already fought in 
maintenance of his father's honor and the duchess dowager's 
fame ;|| yet he did neither of these things ; he palliated the 
offence ; he whistled o'er his own disgrace ; and a week 
later the disunited pair were harmoniously living together 
in Paris ! 

Gregory King, Lancaster Herald, who professes to have 
recorded the proceedings of his chief, writes, "that the 
duke separated himself from the company of the duchess 
about a week before Michaelmas, 1685 : on the Thursday 
after, he set out for Paris, and she followed him thither. 
That his Grace came from Paris on Monday, October 26th, 

* Diary, w. i., p. 359. t* Diary, v. ii., p. 359. 

X The duke of Norfolk's Case. 
§ See the quarrel of Ned Howard (son of the earl of Berkshire) and 
Lacy, the actor, described by Pepys. — Diary, v. iv\, p. 19. 
|| Aute, p. 201. 



236 THE HOWARD PAPERS. 

and had not staid so long but for a rheum, which fell into 
his eyes, and disturbed his head. That he landed at Mar- 
gate, and came to town on November 1st, leaving the 
duchess behind, and continued indisposed ; but his Grace 
was pretty well recovered before the end of the month."* 
The duchess relates that herself and the duke went together; 
and continued in Paris for some time, until her lord told 
her his occasions required him to go for England ;f but 
that he would return to France in a short time and take 
her home. J In her narrative, she describes the illness of 
the duke ; how carefully she had tended him ; and that he 
would receive nothing but from her hands. § That they 
took their meals together and lived in harmony, was the 
statement of the duchess's maid ; but her evidence further 
disclosed that the duke had left his lady in a monastery, 
an'd that they parted with much apparent affection at the 
grating.^ Here the duchess continued under restraint for 
thirteen months ;5I and it was one of her complaints — per- 
haps one of the errors of the duke — that, being a protestant, 
he had placed her in a monastery, where she could not 
have been admitted without changing her religion ; yet the 
incarceration had been conducted with every semblance of 
kindness, and the parting one of contrition and forgiveness, 

* MS. Journal, penes Collins. 

t Collins says, that owing to the indisposition of the Earl Marshal, the 
duke of Southampton could not be introduced to the House of Peers on 
November 19th, as had been proposed. — Peerage, v. i., p. 159. The duke 
of Southampton was Charles Fitzroy, eldest son of the king and the duchess 
of Cleveland. 

i Answer of the duchess ; evidence of Elizabeth Camell. — Case, §-c. 

§ Answer of the duchess. |] Evidence of Elizabeth Camell. — Case,8fC. 

1T Ibid. After six months, says Mr. Tiernay, a friend named Conne, 
wrote to England, persuading the duke to visit the duchess, promising "he 
would find her in a more perfect condition, and in a more tractable humour 
than ever he did see her;" and expressing anxiety to bring about a 
reconciliation between him and te his dearest lady, whose affection and be- 
haviour would be more to his satisfaction than in time by gone." — Orig. at 
Norf. House. — Hist.- Arundel. 



THE HOWARD PAPERS. 237 

hat at once forbad any appeal to the Ecclesiastical Courts, 
"he duke did not make any such appeal, but continued to 
Bmporize with his misfortunes. " On his return to Eng- 
md" continues the duchess, " he several times visited my 
rother, the countess of Peterborough ; and with great ob- 
ervance and respect, asking her blessings, represented tha t 
is debts pressing' upon him, if her daughter (myself) 
/ould consent that the manor of Drayton and other estates 
hould be settled on him and his heirs, he should be made 
happy man."* Happy man be his dole! The lady 
fould not consent to surrender her property ; it is not 
robable that her friends would have advised her to make 
o great a sacrifice ; and taking nothing by his motion, 
tie duke, after the interval mentioned by the witness,f 
ulnlled his promise of returning to France, and released 
Lis lady from her restraint. Luttrell chronicles the duke's 
isit to Paris, early in the year 1687. J He had obtained 
save of his majesty to travel, and was preparing for France 
n the 20th February ;§ but his travel was probably limited 
o his occasions, and the summer months again beheld him 
i London. The duke's embarrassments were yet pressing ; 
,nd " coming to England," says the duchess, " I found 
Lis Grace had put off house-keeping, and for about two 
ears dwelt in the countess of Peterborough's lodgings, at 
>t. James's. "|| The countess, it will be remembered, held 
lore than one office at Court ;^[ and the duke's residence 
irithin the precincts of the palace will the more readily 
ccount for his presence on some occasions that seemed 
eficient of explanation ; but postponing for the moment 
lolitical events, it was a great triumph for the duchess, 
hat she could say " no charge is made against me." If 
he duke had a strong case, his carriage was extremely 

* Answer of the duchess of Norfolk, 1692. 

t Elizabeth Camell. — Answer of the duchess, fyc. 
t Diary, v. I, p. 435. § Ibid., p. 431. 

H Answer of the duchess of Norfolk. 1F Ante, p. 218. 

Q ' 



238 THE HOWARD PAPERS. 

weak, or his own conduct would not bear investigation ; 
and the duchess had not long set foot on English ground 
when, her promised allowance from the duke being unpaid,* 
she presented a petition to the Commissioners for Ecclesias- 
tical affairs,f setting forth her grievances, her claim for 
alimony; and praying for relief. J She represented the large 
portion in money her husband had received with her in 
marriage,§ the annual income he was still receiving from 
her family under her marriage settlement, || and the rich 
jewels, plate, and other valuables which she had brought 
with her into the duke's family .^f In January the following 
year, ## the appeal had run its course, and the Commis- 
sioners made an award in the lady's favor, of £1500 per 
annum for her maintenance. ff Still, she triumphantly 
exclaims, "the duke did not, during that suit, object any 
crime against me, which had been proper for him to have 
done, to avoid alimony, if I had been guilty/' J J With 
the provision adjudged, the duchess retired to Drayton, 
where, she adds, " the duke did write very affectionately 
unto me; and, disturbances happening in Northampton- 
shire, in November, 1688, I left Drayton, and, with the 
duke's consent, went beyond seas, until sent for by my 
father and mother ; and then returned to England," which 
was in or about October, 1691, with the duke's consent; 
and then application being made to me by the duke, my 
husband, to join with him in the sale of Castle Rising and 
other estates; I, being advised that it would be injurious to 

* The duke had " ordered " £400 yearly to be paid to the duchess out of 
her own estate, independent of the separate maintenance settled by her 
father on her marriage. — Answer of the duchess. 

+ King James the Second's Ecclesiastical Commission is printed in 
Howell's State Trials, v. xl, coh 1143. 

% April, 1687.— Luttrell, Diary, v. i., p. 399. 
§ £10,000. — Case of the duchess. j| £1000 per annum. — Ibid. 

*H Ibid. ** 1688." 

tt Luttrell, Diary, v. i.,pp. 427, 429. 
U Answer of the duchess, 1692. 



THE HOWARD PAPERS. 239 

me, would not join therein ; which I humbly apprehend to 
be the true cause and occasion of this proceeding against 
my honor on the part of the duke, my husband."* Per- 
haps the duchess may have been rather confused in her 
estimate of time, and slightly to have overshot the period 
ofiier return to England, — perhaps by a year — or two. 
Witnesses, at a later date, spoke of a lady, masked, 
watching my lord duke in the park below, from a window 
of Mr. Germaine's house, adjoining the Cockpit; and of a 
lady Beckman, who afterwards resided in a house at Fox- 
hall, hired for her by Mr. Daniel Germaine, and who there 
received the visits of his brother, for a year or more previous 
to the date given by the duchess for her return to England. 
But then, she was not bound in law to criminate herself; 
and financial reasons were mentioned in explanation of 
the necessity for retirement and the assumption of a fic- 
titious name.f Her frailty, if in law and morals without 
excuse, had yet its apology ; and with Julia she might 
have said — 

Man's love is of man's life, a thiug apart ; 

"Tis woman's whole existence. Man may range 
The court, camp, church, the vessel and the mart; 

Sword, gown, gain, glory, offer in exchange 
Pride, fame, ambition, to fill up his heart; 

And few there are whom these can not estrange : 
Men have all these resources ; we but one,— 

To love again 

The interval had been a period of great political action, in 
which the duke had participated, prudently for the public 
weal. As an officer of State, he was brought in immediate 
contact with the Court ; yet, as a consistent protestant, he 
was averse to its reactionary measures. " Whatever were 
the errors or the faults of James," says Mr. Tiernay, "it 
was never pretended that he was insincere in his religious 
opinions ; and though there is certainly no truth in the stories 
that have been told of his proselyting attempts on the duke 

* Answer of the duchess, 1692. t Evidence of Henry Keymour. 

q2 



240 THE HOWARD PAPERS. 

of Norfolk, it may nevertheless be true that some part, at 
least, of his kindness to that nobleman, was conferred from 
a desire of enticing him back to the creed of his fathers."* 
With this admission, Mr. Tiernay proceeds to combat " the 
veracity of the reverend historian/' who, describing the 
" proselyting attempts " on others of the Court, relates the 
pleasant story, that — " One day the king gave the duke of 
Norfolk the Sword of State to carry before him to the 
chapel; and he stood at the door: whereupon the king 
said to him : " My lord, your father would have gone fur- 
ther;" and the duke replied: " Your majesty's father was 
the better man, and he would not have gone so far ! "f 
The anecdote may be rather characteristic than exact ; yet 
there seems no improbability in the king (perhaps as a 
first approach) indulging in the gentle banter of a courtier, 
bound to his service by many favors, who had abandoned 
the faith himself professed : indeed the evidence, cited from 
Dr. Lingard to confute the tale, has nothing in fact, and 
little in probability, that will apply to the case. Mons. 
Barillon, the French ambassador at the English Court, in 
a dispatch, dated London, "30 Avril, 1685," J about two 
months after the accession of James, writes to his royal 
master: " II etoit hier ici le jour de Paques; les chevaliers 
de l'ordre accompagnerent le Roi d'Angleterre avec leurs 
colliers jusqu'a la porte de la tribune ou il entend la messe. 
Le due de Sommerset% portoit Vepee ; il est demeure a, la 
porte, coutume n'etant pas que celui qui porte cette epee 
entre dans l'eglise, si ce n'est lorsque le Roi communie. 

* Hist, of Arundel, p. 546. t Burnet, Own Time, v. iii., p. 115, &vo. 

$ Dr. Lingard and Mr. Tiernay refer also to a dispatch of April 26th. 
There is no dispatch of that date in Fox. And a mistake is evident in the 
dispatch quoted. Easter would not fall so late as the 29th of the month ; 
and in 1685, Dr. Lingard places Easter Sunday on the 16th. If the ambas- 
sador wrote on the following day, as he states, the 17th would be the date 
of his letter ; whereas he acknowledges the French king's dispatch of the 
24th April. — Hist, of James the Second, by C.J. Fox. App. } p. Ixvii. 
§ Charles Seymour, K.G. 



THE HOWARD PAPERS. tM 1 

Les dues de Nordfolk, de Grafton,* de Richemond,t et de 
Northumberland^ les comtes d'Oxford,§ et de Mulgraf,|| 
et plusieurs autres Seigneurs, accompagnerent sa Majeste 
Britannique en allant et en revenant. On a remarque que 
le due d'Ormondfl et le marquis d'Halifax ## sont de- 
meures dans rantichambre."ff 

It was the first Easter after the accession ; and the 
popish king made a parade of his faith, — the faith he in- 
tended to establish as the religion of the State in his domin- 
ions, J J The duke of Somerset carried the Sword; therefore 
it could not have been the occasion referred to by Burnet. 
His majesty was accompanied by certain knights of the 
Garter, in their collars of the Order, to the door of the 
tribune, and the duke of Norfolk is named one of those 
knights; but the duke had not then been elected knight 
of the Order ; and therefore it may well be doubted whether 
Barillon may not have been mistaken in naming the pro- 
testant duke of Norfolk on that occasion. " It was the 
custom/' he says, " for the person carrying the Sword of 
State to remain at the door, except when the king commu- 
nicated;" — and then, adds Mr. Tiernay, "it was borne by 
a catholic." Barillon has no such words; though the in- 
ference may be admitted. Burnet, however, appears to 
have been fully aware of the custom, when he says, the 
duke stood at the door; and without giving offence or 

* Henry Fitzroy, K.G., natural son of Charles the Second, by the duchess 
of Cleveland, created duke of Grafton, 1675. 

t Charles Lennox, KG , natural son of Charles the Second and the duchess 
of Portsmouth ; created duke of Richmond, 1670. 

X George Fitzroy, K.G., natural son of Charles the Second and the 
duchess of Cleveland, created duke of Northumberland, 1682. 

§ Aubrey de Vere, K.G., last of his family. 

|j John Sheffield, K.G., afterwards duke of Buckingham. 

% James Butler, K.G. 

** Sir George Saville, created marquess of Halifax, 1682. 

tt Fox, Hist, of James the Second. App., p. lxvii. 

It " Cette resolution," continues Barillon, " que le Hoi d'Angleterre a 
prise d'aller a Feglise avec ces officiers et ces gardes cause autant de bruit 



242 THE HOWARD PAPERS. 

receiving an indignity, bis majesty took the opportunity, 
very expressively, of intimating his desire that the duke 
should return to the faith of his fathers. However, he 
maintained his loyalty and retained his faith. Two years 
afterwards, in August, 1(587, " the duke of Norfolk," says 
Sir John Reresby, " came to visit me in London ; with 
whom, discoursing upon the present situation of the king- 
dom, I found him a very firm and steady protestant, to 
which he had been converted in the late reign ; and by no 
means satisfied with the Court."* He found its measures 
odious to the people. As lord lieutenant of several coun- 
ties, it became his duty to act as the agent of the govern- 
ment. In Surrey, he found his own opinions to prevail ; 
and in Norfolk, out of seventy gentlemen of note, only six 
gave any hope of supporting the measures of the Court. 
Collins relates that "when the king began his journey 
towards Salisbury, to put himself at the head of his army, 
the duke set out for his seat in Norfolk, and immediately 
declared for the prince of Orange, "f Such a statement 
conveys but a vague impression of the duke's loyalty under 
circumstances difficult to a man of less decided opinions. 
The duke clearly saw the tendency of the nation, and the 
measures that alone would quiet the rising storm. In pub- 
lic, if not in his private affairs, he was happy or fortunate 
in his judgment; and he advised accordingly. In 1688, 
when the danger was imminent, but not irretrievable, u the 
duke of Norfolk," writes Luttrell, "is gone into that county 
with a commission to displace all catholics there, and some 
dissenters, and to put in churchmen. "J Pursuing the 
same course of policy, Collins, from a MS. Journal in his 
possession, relates, that the duke was among the " protes- 
tant lords," who, in November of that year, together with 

et fait faire plus de reflexions, que Ton n'en a fait, lorsqu'il alia publique- 
ment a la messe." — Fox, ut supra. 

* Mem., p. 266. t Peerage, v. i., p. 158; ed. 1756. 

| Diary, v. i., p. 471. 



THE HOWARD PAPERS. 245 

the archbishops and other bishops, drew up the celebrated 
petition to the king for a "free parliament — wherein they 
should be most ready to promote such counsels and resolu- 
tions of peace and settlement of church and state, as might 
conduce to his majesty's honor and safety, and to the 
quieting the minds of the people, &c." # The statement, 
however, has been subjected to amendment. Mr. Tiernayi* 
has referred to a letter written by the duke, November 16th, 
1688, the day previous to the presentation of the petition, 
and yet extant, % in which he, as many others had done, 
objected to it as ill-timed. This, without disproving his 
concurrence in the sentiments expressed, might have thrown 
some doubt on his general policy, had not the duke steadily 
pursued the very object of which the petition was the ex- 
ponent. The event shewed how correct had been his 
judgment: the petition was presented to the king on the 
morning of the 17th November, when, for the moment, he 
had resolved to fight for his throne: he received it with 
sullen disapprobation, and refused to entertain the subject 
of calling a parliament until the prince of Orange had 
quitted the kingdom. § An absolute monarch could take 
no other course: a constitutional king, without derogation 
of dignity, might have listened to advice. 

The prince of Orange landed at Torbay on the 5th No- 
vember; on Saturday, the 17th, the king left London to 
join his troops at Salisbury; and made his precipitate re- 
treat thence on the 26th. On the 28th, wavering in the 
extremity of his distress, he acceded for the instant to the 
petition of his best and most constitutional advisers, and 
gave directions for summoning a parliament to meet on 
the 13th January. It was under these circumstances that, 
on the 1st December, the duke of Norfolk, as lord lieu- 
tenant of the county, attended a meeting at Norwich. In 

ama1 of Gregory Kin?, Lane. Herald. f Hist. Arundel. 

| B. M. L: i. Sioaue MS. 4163, No. 18. 
5 Life of kin-? William the Third, 



244 THE HOWAKD PAPERS. 

place of the discouragement he had found, the previous 
year, to the measures of the Court; in the words of Blome- 
field, who cites the city records, the duke, on that day, 
rode into the market place # at the head of three hundred 
knights and gentlemen of the county; and there, being met 
by the mayor and aldermen from the Guildhall, he made 
his memorable address to the assemblage (in the terms of 
the petition to the throne) " that nothing could better se- 
cure the laws, liberties, and the protestant religion than a 
free parliament; and since his majesty had been pleased 
to order writs for such a parliament, he could only add, in 
the name of himself and all those gentlemen and others 
there met, that they would ever be ready to support the 
laws, liberties, and protestant religion ;"f concluding his 
address with the loyal exclamation, God save the king, — in 
the faith that his majesty had at length adopted the only 
advice that could save his throne. Popular enthusiasm, 
unaware of the actual position, might probably tinge these 
proceedings with an aspect of more florid or violent action : 
indeed, in the progress of events, Luttrell writes, " Letters 
from Norfolk say, ( the duke of Norfolk is up in that 
county with the militia, declaring for a free parliament.' "J 

* The duke was rather an imposing person on horseback. Evelyn, wit- 
nessing the exercises in the tilt-yard, observed " the difference between what 
the French call bel homme a cheval and bon homme d, cheval ; the duke of 
Norfolk being of the first, that is, rather a fine person on a horse : the duke 
of Northumberland being both in perfection — a graceful person and an ex- 
cellent rider. — Diary, v. ii., p. 202. 

t Hist. Norfolk, v. iii., p. 424: Svo, 

J Diary (Dec, 1688), v. i., p. 483. An address to the lord lieutenant, 
from the mayor and corporation of King's Lynn, on the 6th December, 
produced from the duke a declaration — " That no man would venture his 
life and fortune more freely for defence of the laws, liberties, and protes- 
tant religion than he would do; and with all the gentlemen there present, 
and many more, would procure a settlement in church and state, in con- 
currence with the lords and gentlemen in the north, and pursuant to the 
declaration of the prince of Orange." It was in pursuance of the requisition 
of this address, that the militia of the county were assembled as a demon- 
stration of the protestant cause. 



THE HOWARD PAPERS. 245 

A week later, and the pernicious advice of "the Jesuits" 
had again prevailed ; a re-action occurred in the royal 
councils : on the 10th December (the advanced guard of 
the prince of Orange being at Newbury) " about two 
o'clock in the morning, the king having entered a caveat 
against making use of those few writs that had been already 
issued for summoning a parliament, and ordered the great 
seal to be thrown into the Thames," # declared his intention 
of seeking immediate safety in flight. So vanished the 
last hope of the protestants in James the Second. 

On the 18th December, the prince of Orange arrived at 
St. James's palace; and on the 21st the duke of Norfolk, 
with other lords spiritual and temporal, waited on his 
highness, desiring him to call a free parliament, and to 
pursue the ends of his declaration. From that time, the 
duke is to be identified with all the measures for the secu- 
rity of the kingdom, and the settlement of the throne in 
a protestant succession. 

In February following, the duke was appointed a mem- 
ber of the Privy Council ; a gentleman of his majesty's 
Bedchamber ; and was confirmed in those offices of honor 
and trust held by his father, and by himself in the late reign. 
At the coronation of the king and queen, on the 11th 
April, his office of Earl Marshal, a second time was brought 
into prominent display in his person; and the service of 
Chief Butler appears to have been admitted with a 
liberality consistent with a revolutionary period, " the best 
gold cup that the king drank out of on that day, with the 
cloths, napkins, and linen then used ; the cups, both of gold 
and silver, used that day in the king's wine cellar; with 

* Life of king William the Third. Dr. Lingard says, the king threw the 
writs in the fire with his own hand ; and himself east the great seal into 
the river as he crossed the Thames at the Horseferry to Lambeth. It was 
there, from the middle of the stream, that in the following summer, the 
Great Seal was accidentally caught in a fisherman's net, and brought to the 
surface. — Burnet, Own Time, v. iv., p. 29. 



246 THE HOWARD PAPERS. 

all wine vessels, pots, cups, glasses, &c," being claimed 
and allowed as his fee on the occasion.* Yet honors and 
offices of distinction are not always posts of profit ; and the 
duke lived in times when, if report be true, preferment 
sometimes lacked its allotted revenue. To come to the 
point, chafing less under the weight of his antlers, than the 
pressure of his necessities, the duke wanted money : and, 
to his dismay, found certain manors he proposed to sell, 
inconveniently encumbered with a life interest of the duchess. 
This brings the narrative to the year 1691, when, as the 
duchess represented, and witnesses of credit confirmed, in 
November, a communication was opened with her and her 
father, the earl of Peterborough, to the effect, that if his 
Grace should be accommodated in respect to those manors, 
" all things might be reconciled ,*"-f- but the earl was angry 
at the way in which the proposition had been made ; the 
duchess gave her written answer " that for Castle Rising 
and Billing, J she would never part with them ;" although 
the duke had expressed a willingness to oblige her as to 
her manor of Drayton, for which she used to entertain an 
affection: "once," said the duke, "she did offer me a 
considerable sum of money for my life in it;" and as a 
stimulus to compliance, he carelessly threw in the intima- 
tion : " I am told if I bring a bill of diyorce into the House 
of Lords, it will take effect. "§ 

* Blomefield, Hist. Norfolk, v. i., p. 218: 8vo. 

t The witnesses were subsequently led to explain, that they did not un- 
derstand the duke to mean that he would again live with the duchess, — a 
conclusion of doubtful import. 

J The manor of Billing-Magna, in the county of Northampton, in the 
latter days of king Charles the First, was purchased by Barnabas, sixth 
earl of Thomond, maternal grandfather of .the duchess, and appears to have 
been included in her marriage settlement. The old mansion house is des- 
cribed by Mr. Bridges as a handsome structure, with pleasanjfc gardens, &c. 
Henry, seventh earl of Thomond, the aged uncle of the duchess, (and one 
of her trustees) died at Billing, in May, 1691, a few mouths before the oc- 
currence above mentioned. — Hist. Northampton, v. i., p. 407. 

§ Evidence of Mr. Robert Welborne and Mr. Francis Negus. 



THE HOWARD PAPERS. 247 

Whether or not the failure of the negotiation, as the 
duchess stated, had any connection with the proceedings 
that shortly followed in the direction indicated, the duke 
made an appeal to parliament. He brought forward the 
witnesses of his shame, who declared they had been ex- 
amined by and had given their evidence to himself and the 
earl of Peterborough six years before ! The servants "had 
murmured among themselves that my lord was wronged"; 
and had told him of it." # Mrs. Stourton, with a sigh, had 
said : " Ha ! it was nothing but what she expected \" and 
the witness replied, " If she had been as near the duchess 
as Mrs. Stourton was, she would have prevented all this. ? '^ 
Well, the tale must be told. 

It was in the reign of king James, and the Court was at 
Windsor; the king left town on the 4th August, 1685, 
after the adjournment of his first parliament. On the 23rd, 
had audience of his majesty the marquess Valparessa, En- 
voy Extraordinary from the Court of Spain; on the 13th 
September, the marquess paid his respects to their Royal 
Highnesses ; J and on the 20th, the Envoy had audience of 
leave of their majesties at the Castle.§ It was a favorable 
opportunity for taking his lady, the marchioness, and her 
child, back with him to Madrid. || The duke is represented 
to have been at Portsmouth ; perhaps he was in attendance 
on his brother-in-law, the Envoy, and his sister, in order 
to their embarcation. It was a chilly morning, about 
Bartholomewtide ; and my lady, the duchess of Norfolk, 
ordered a fire in my lord's room. Mrs. Nelly Gwyn came 
in with the compliments of the day, If and inquired after the 

* Evidence of Thomas Hudson. t Evidence of Edith Sawbridge. 

t The princesses, Mary of Orange, and Anne, of Denmark. 

§ Pointer, Chron. Hist., v. i., pp. 328-9. || Vide ante, p. 177. 

f In her Vindication, the advisers of the duchess taunted the duke with 
the production of " a dead witness." Poor Nelly was taken ill about 
eighteen months after the occurrence above mentioned (March, 1680-7) ; 
she died on the 14th, and was buried with honors she despised when living, 
at St. Martin's in the Fields, on the 17th November, 1687 ( Luttrell). 



248 THE HOWARD PAPERS. 

health of the duchess and of—Capt. Germaine! My lady 
duchess, denying the soft impeachment, knew nothing of 
him. • Presently came in Cornwall,* to inquire for the 
same gallant officer; and my lady again responded a denial 
of his whereabout; but Mrs. Nelly, who was in one of her 
wickedest humours,f bantered the duchess on her affected 
nonchalance, and chimed in with the remark, " I question 
not but he will come out, by and bye, like a drowned 
mouse. "J It might have been a Juan case; perhaps the 
Captain escaped, like Byron's peccant hero, — as John 
Churchill actually avoided discovery by Charles the 
Second ;§ but no evidence appeared to corroborate the sur- 
mise ; nor were there left behind slippers unfeminine to tell 
the guilty tale; yet it did so happen, at this particular 
season, that Simon Varelst,|| the monarch of flowers, and 

Among other gaudy trumpery, twelve heraldic achievements displayed, On 
a lozenge, party per pale arg. and or., a lion rampant az. (for Majesty ! ) 

* Capt. Cornwall, one of tlie gentlemen in waiting on George, prince of 
Denmark. " Germaine, the duchess, and Cornwall, went to play on the 
previous evening; and Germaine sent his man for clean linen." — Evidence 
of Thomas Hudson. In the morning, Germaine's man came with the linen, 
saying his master was there; and Hudson told the witness he was still in 
the house. — Evidence of Anne Burton. Case, fyc. For the duchess, it was 
urged, that it was not unusual for gambling to be continued the night 
through. — Vindication of the duchess. Published by her authority, Ato, 1693. 

t Bishop Burnet says she was the indiscreetest and wildest creature that 
ever was in a Court. She imitated all persons in so lively a manner, that 
she was a constant diversion. — Hist. Own Time, v. i., p. 437. 8vo. 

$ Evidence of Thomas Hudson, butler at Windsor; and of Anne Burton, 
servant to the duke and duchess of Norfolk. — The duke's Charge, fyc. 

§ When Buckingham, to advocate other views, betrayed the frailty of his 
fair cousin, the duchess of Cleveland, to the resentment of the king; John 
Churchill (afterwards duke of Marlborough) her paramour for the moment, 
made his escape by jumping through the window. But the influential 
courtier had destroyed the power of the frail favorite; and the king made 
Will, Legge (one of his pages), sing a ballad to her : " Poor Allinda's 
growing old ; those charms are now no more." — Earl of Dartmouth's Note 
on Burnet. Hist. Own Time, v. i., p. 458. Vide ante, p. 215. 

jj Varelst, a real ornament of Charles's reign, observes Walpole, was a 
Dutch flower painter; but took to portraits, which he finished with the 



THE HOWARD PAPERS. 249 

rival of Lely in the human form divine, had been engaged 
on a portraiture of the duchess. # Lely had set the fashion 
of deshabile in ladies painted attire, described by the lively 
pen of one of the fair themselves : — 

Your night-gown fastened with a single pin, 
Fancy iraprov'd the wond'rous charms within :t 

— " a sweet disorder of the dress," that Herrick had long 
before proclaimed " kindled in clothes a wantonnesse " — 

— more bewitching than when art 
Is too precise in every part. 

In such a case, the duchess sat to the artist where she 
made her toilet ; and in a cupboard of the room the painter 
deposited his canvas and tools of art. It was there — 

Some evil sprite — a gnome 
In search of mischief — \ 

discovered certain articles of dress not worn by ladies, and 
to which the duke claimed no pretence, though they were 

same delicacy as his flowers ; and introduced the latter so profusely on his 
portrait canvasses, that Charles asked if his portrait of Buckingham was not 
a flower piece. — Anecdotes of Fainting. Not unjustly perhaps, he en- 
grossed the fashion, though Lely became the sacrifice; for while yet in ob- 
scurity, Pepys paid no slight compliment to his genius, when he attempted 
to remove the dew drops from a flower of the artist's creation. " Again 
and again," he writes, " did I put my finger on it, to feel whether my eyes 
deceived me or no." — Diary, v. v., p. 172. Varelst painted Mrs. Nelly, by 
command of the king. Several of his portraits are, or were, at Hampton 
Court. 

* The portraiture of a lady who had influenced so diversely the lives of a 
duke, and an adventurer, might be interesting to contemplate. It is probably 
not in possession of the Howards : it may have passed, with the manor of 
Drayton, to the lady Elizabeth Germaine and her devisees. Mr. Henry 
Howard of Corby, entertained too much virtuous indignation of the lady's 
doings, to know aught else respecting her; or even to "inquire" the par- 
ticulars of her birth or decease : her marriage into the illustrious family 

(a honor not of her own seeking) — being alone recorded in his Indications 
of Family Memorials, §-c. 

t Lady Mary Wortley Montague. 

% The evil sprites were twain, " My lady's woman and Anne Burton." 

Evidence of Thomas Hudson. Case, §-c. 



250 THE HOWARD PAPERS. 

conveyed" to him ; were pondered o'er by the earl of Peter- 
borough; and by both, submitted to the scrutiny of inquiring- 
eyes. The painter also disavowed the property; but he 
reluctantly gave in evidence the fact, that when he had re- 
turned home two or three days, Capt. Germaine came to 
him with offers of gold in the present, and fortune in the 
future, if he would be so much of a gentleman as to claim 
the garments for his own, and save the lady's honor. But 
the painter, ambitious as he was, refused the liberal offer, 
declined the prospective advantages ; and in illustration of 
the poet's adage, Women beware women, — " I should not 
have been here to give this evidence/' said the artist, " had 
not my wife overheard the conversation with Germaine, 
and the proposals that were made." # 

Suspicious of guilt as this evidence may appear, the 
public scandal chronicled by Luttrell, somewhat later in 
the same month of September, 1685, had immediate refer- 
ence to the statement of another witness — Rowland Owen, 
a servant of the duke, employed at St. James's ;f and the 
man's testimony had the merit of credibility in so far, that 
it was a voluntary declaration made at the time, when there 
was no endeavour to get up a case ; but on the contrary, 
the policy appears to have been to discourage and silence 
unfavorable reports. Six years later, himself and twenty- 
three other witnesses gave their testimony, at the bar of the 
House of Lords, to facts and circumstances that had so long 
a time been known to the duke, and notorious to the world. 
On the 8th January, 169^, the duke exhibited his bill in 
parliament, for a divorce from the lady Mary Mordaunt; and 

* Evidence of Simon Varelst. — Case, fyc. 

t Asa contribution to the custom and habits of the age, in the first 
year of James the Second, it appears, from the testimony of this witness, 
not to have been unusual for a duchess, in waiting at Court as a lady of 
the Bedchamber on the queen, to order her supper from the "Blew Posts, 
in the HaymarTietf while, at other times, comestibles and household 
necessaries were brought from the duke's private residence. 



THE HOWARD PAPERS. 251 

for leave to marry again : # it met with opposition at every 
stage; cases of privilege and precedent were required ; and 
when, after long debate, a resolution passed for receiving 
the bill, it met with protest.^ At length, after some further 
delays on the part of the duchess, — the alleged difficulty of 
proving a negative, after so long a period had elapsed from 
the offences charged, — she attended the House in person, 
and being accommodated with a chair at the table, delivered 
her answer,! denying the allegations; and' — "adhering 
to her protestations of innocence/' submitted, " that by 
the laws of the land, a husband sueing for a divorce for the 
adultery of a wife, ought not to obtain a sentence of divorce, 
if he be found guilty of the same ; and she is ready to aver 
that the duke, her husband, is guilty of adultery, and hath 
continued in the same for ten years past, and doth so con- 
tinue.'^ On the 23rd January, tw 7 enty-eight witnesses 
were sworn against the duchess ; and on Tuesday, the 26th, 
January, the king, who appears to have taken an interest 
in the proceedings — (and Germaine w 7 as not without some 
favor at Court,j|) — went incog, to hear the evidence, which, 
on that day, was " strong for the duke."^[ But after the 
witnesses on both sides had delivered their testimony, much 
further debate, and several adjournments; on the 17th 
February the House rejected the bill on the second reading, 
by a majority of five votes. ** The duke probably was dis- 
appointed in his arrangements, a resolution of the House 
on the previous day having decided that " Xo proxies can 
be allowed to vote on judicial matters;" which, says Lut- 
treil, "made against the duke, "ft 

* The bill is printed with the Vindication, 4to., 1693. 
t Lords' Journals, v. xiv., pp. 762, 734; v. v., p. 20. 
t 21st January. § Case, ice; Vindication, 1693. 

|| Luttrell, Diary. \ Ibid., v. it, p. 344. 

** The contents were 35; non-contents 40. — Lords' Journ.,v. xv.,p. 81. 
tt Diary, v. ii., p. 361. The reception of proxy votes, which of course 
involves the principle of delivering judgment without hearing the evidence, 
nevertheless, received the advocacy of eighteen peers, who delivered their 



252 THE HOWARD PAPEKS. 

In this unhappy contest, the duke's protestantism is re- 
presented to have stood him in no good stead ; all who 
favored the Jacobites and were of vicious lives, writes Bur- 
net, espoused the cause of the duchess with a zeal that did 
themselves little honor. Their number was such that no 
progress could be made with the bill, though the proofs 
were too full and too plain. But the main question was, 
whether the duke should be allowed to marry again ; no 
proceedings having been taken for the dissolution of the 
marriage in the Ecclesiastical Courts.* The earl of 
Peterborough, father of the duchess, had " relapsed to 
popery," in 1689; and doubtless there was a strong party 
that maintained the cause of the lady, besides her relations, 
who, says the earl of Dartmouth, "opposed the bill with 
great zeal and warmth; and though nobody pretended to 
justify the conduct of the duchess, there were many reasons 
for alleviating the rigour of her punishment. The duke 
was notoriously a very vicious man ; and, besides his own 
example, had been the original introducer of all the bad 
company she kept, to her acquaintance."f 

There was yet another consideration. As Othello's 
handkerchief contained a magic web of direful consequence; 
the fetters that bound this hapless pair had been forged 
of that fatal metal fabled to be the root of evil: and evil 
had germinated from the root. Besides her reputation, 
the money stake of the duchess was large in the adventure ; 

protest against the decision, on the general ground " that it is an inherent 
right of the peers of England to be summoned to parliament; and when 
they cannot attend in person, to be represented by their proxies." — Lords' 
Protests, v. i., p. 157. 

* Own Time, v. iv., p. 222, Svo. On this part of the case, the bishops 
were desired to deliver their opinions with reasons. The argument of bishop 
Cosin, in the case of the lord Roos, " That adultery worketh a dissolution 
of marriage," was printed with the duke's Case, fyc. See also Burnet, ut 
supra. 

t Note on Burnet. Own Time, v. iv,, p. 222. Owen gave evidence that 
he had several times seen Germaine at dinner and supper at the duke's 
house. 



THE HOWARD PAPERS. 253 

considerations urgent for opposing a separation, induced 
her to struggle for a union she valued not to retain : and 
Prometheus chained to the rock could not more have desired 
deliverance than did the duke; yet he too set a mighty 
value on his chains. Still avoiding the Ecclesiastical 
Court, he was now advised to appeal to the common law ; 
and in May following his misadventure in the Lords, " the 
duke," says Luttrell, "caused Germaine to be arrested in 
an action of damages, about the duchess. " # The trial came 
on at Westminster, the 24th November, 1692. The de- 
claration set forth that on the first of April, (day ominous 
of success ! ) in the second year of the late king James 
(1686), the defendant did, by unlawful means, entice away 
the duchess of the plaintiff, by which he had not the benefit 
of her society, &c. ; and he laid his damages at one 
hundred thousand pounds. 

"It is a very melancholy thing/' said the Attorney- 
General, (Sir J. Somers,) " for the first duke in England, 
installed knight of the Garter, lord high Marshal of Eng- 
land, and one of the lords of his majesty's Privy Council, 
to be thus abused : and it was not kept secret ; all the 
world did ring of it." This was indeed a truth ; a scandal, 
of some years quiet endurance, the duke had himself con- 
verted into a public shame ; and it is not quite clear that 
the public voice was in his favor ; for Luttrell records that 
the duke was abused in the play house ;f an offence against 
the dignity of the peerage that excited the lord Chamber- 
lain to suspend the acting; and aroused his military 
superiors to require an explanation from the Captain of the 
Guard on duty : moreover, a wretched scribbler, inspired 
by the evidence produced, pandered to public curiosity by 
fabricating an alleged correspondence, entitled " The Secret 
Letters of Amour between the duchess and Mynheer.''^ 

* Diary, v. ii.,p. 439. t Diary, December, 1691, v. ii., p. 340. 

X Letters between Libidander and Dysmora ; with this motto : Quid 



254 THE HOWARD PAPERS. 

Nineteen witnesses were examined on the trial ; but more 
than six years had elapsed since many of the occurrences 
they narrated ; and the statute of limitations was pleaded 
in answer to the wrong. " They would make it a sort of 
running account/' said Mr. Serjeant Tremaine, for the de- 
fence ; but the Chief Justice (Holt) admitted the plea ; and 
received the evidence only to explain subsequent events. 
The circumstance was opportune ; " I believe my lord," said 
Sir Thomas Powis, (Solicitor-General) for the defendant, 
" upon the whole matter, we cannot do the duke more 
honor than to acquit the defendant; for it will be more 
honor for the duke to have the defendant acquitted, than 
satisfaction to him by giving him any damages whatever." 
The jury took time to consider the matter; and the next 
morning, shearing the damage as the law had shorn the 
proofs of guilt, they brought in a verdict of one hundred 
marks damage, with costs of suit, — "very much to the 
wonder of the Court; and received a severe reprimand from 
the judge, for giving so small and scandalous a fine."* 

The speculation on the purse of the fortunate gamester 
failed of success ; but the verdict supplied a promising 
condition for renewed application to the legislature; and 
three days later, Luttrell writes : " The duke of Norfolk is 
bringing in a bill for divorce on the verdict lately ob- 
tained :"f while the defendant in the action, encouraged 
by the success of his defence and the unimportance of the 
verdict against him, brought a writ of error to stay further 

magis optaret Cleopatra, parentibus orta conspicuis, comiti quam placuisse 
Thoas? Printed An. Dom., 1692 : 12mo. 

* Howell, State Trials, v. xii., p. 948. The Chief Justice told the jury 
« he was a little surprised at the verdict, when he considered that 'twas 
not long since a Surrey jury gave a commoner £5000 damages in the like 
cause : that the sin of adultery was of so high a nature that it well deserved 
their consideration, especially if they had any seme of the ability of the 
person that committed the crime, and the greatness of the peer that sus- 
tained the damage.— Luttrell, Diary, v. ii., p. 625. 
+ Diary, v. ii., p. 627. 



THE HOWARD PAPERS. 255 

proceedings and revise the decision. # However, on the 
22nd December, the divorce bill was introduced to the 
House of Lords, for the second time; but it met with less 
success even than on the former occasion : Evelyn says, it 
was managed very indiscreetly .f Luttrell notes, that it 
was again lost because there had been no divorce in the 
spiritual Court.j: Its reception certainly was not enter- 
tained with favor; for on the 2nd January, 169f, after 
several adjournments, on motion that the bill be read, it 
was rejected by a majority of six voices. § 

Unhappy duke ! He had wedded the golden casket — 

gaudy gold ! 

Hard food for Midas : 

and, unlike Pandora's box, he found hot even hope at the 
bottom : nay, not even the hope of riddance ! His first 
impression appears to have been to avoid the scene of his 
disappointments ; and to seek diversion in foreign climes. 
" It is said," writes Luttrell, " the duke designs to travel in 
Spain and Italy :"|| but the resolve was accompanied with 
anger and revenge ; for the chronicler also tells, that " the 
duke has brought an action of scan. mag. against Canning, 
the printer of the book giving an account of the proceedings 

* Diary, v, ii., p. 651. t Diary, v. ii., p. 322. 

t Diary, v. iii., p. 4. 
§ Luttrell, Diary, v. in., p. 2. On the 22nd December, when the bill was 
offered to the House, the Record of the Judgment of the Court of King's 
Bench was ordered to be brought up ; and on the 2nd January, the 
question was put to the lord Chief Justice Holt, " Whether the duchess of 
Norfolk was concerned in the action as a party?" The Judge replied: 
" She was neither plaintiff nor defendant; the action was between the duke 
of Norfolk and Mr. Germaine." Then, after debate, the counsel for the 
duke were asked : " Whether the lady duchess of Norfolk was ever sent to 
to waive her privilege ? " They said they did not know that she was. The 
counsel for the duchess were asked : " Whether, if the duchess of Norfolk 
had been desired to waive her privilege, she would have done so?" They 
said she would. Then the question was put — Whether the bill be read; 
and it was resolved in the negative. — Lords' Journals, v. xv.,~p. 170. 

II Diary, v. iii., p. 4. 

r2 



256 THE HOWARD PAPERS. 

of the Lords' House ; and he intends to take out a writ to 
seize the duchess, and keep her from all company. " # If 
the threat was not formally conveyed to the advisers of the 
duchess, there appears to have been something more in it 
than mere report; for Mr. Francis Negus, in his evidence 
before the Lords some years later, said he had " entertained 
an apprehension and fear that my lord duke would confine 
the duchess to some house."-f- More reasonable counsel 
prevailed on both sides. The sweet persuasive of the law 
of marital authority as then understood, with the reminis- 
cence of French monastic walls and the iron grating, may 
have softened in some degree the obdurate heart of the 
duchess. On the other hand, by one of those events in 
nature that sometimes mingle grief and comfort, the duke, 
at this time, received an acquisition of good fortune J that, 
as it very much tends to qualify the ills of life, may possi- 
bly have mollified the asperity of disappointment and taken 
off the edge of his resentment. However, the concession 
was mutual ; and " sometime afterwards," says the duchess, 
"for accommodating all differences, proposals were made 
to me by the duke, which, on the 28th April, 1694, were 
reduced to writing," and executed by the mis-allied parties. 
By this document, the duchess acceded to the long-desired 
wishes of the duke, and conveyed to his use the manor of 
Castle Rising ;§ and, together with her trustees, assigned, 

* Diary, v. iii., p. 16. t Howell, State Trials, v. xiii., p. 1321. 

$ In March, 169|, died the countess dowager of Portland. " Her pen- 
sion of £1000 per annum falls to the Crown ;" wrote Luttrell, " the rest of 
her estate devolves on the duke of Norfolk." — Diary, v. iii., p. 284. The 
dowager countess of Portland, great-aunt of the duke, was a daughter of 
Esme Stuart, duke of Richmond and Lennox, widow of Jerome Weston, 
second earl of Portland, who died in 1662. The dowager countess was 
entombed in Westminster Abbey, on Saturday, 24th March, 169f . 

§ The manor of Castle Rising, which gave title to a barony in the 
person of the duke's father and his heirs male ; and the manor of Roy- 
den, co. Norfolk, ancient possessions of the ducal Howards, derived from 
the Albinis, earls of Arundel, with the heiress of that family, were in con- 
sequence, sold to Thomas Howard, esq., Teller of the Exchequer, son and 



THE HOWARD PAPERS. 257 

also to the duke, her interest in a considerable part of the 
manor of Sheffield ;* receiving some other guarantees, by- 
indentures bearing date the 18th June the same year, for 
the payment to her of five hundred pounds per annum.*f* 
This arrangement " for accommodating all differences " 
concluded ; in a fit of extreme penitence, or chastened to 
humility somewhat by the impressions before suggested, 
the duchess relates, that she sent for Mr. Negus,J the 
duke's principal gentleman ; and, "deploring the misfortune 
of the duke and herself that such differences should have 
been between them, desired to let his Grace know that she 
would avoid all company he disliked ; and would only visit 
where he approved." Moreover, the duchess accompanied 
this submissive proposition with the comfortable assurance 
that, in the event of her dying before the duke, she would 
leave to him all her estate :§ "and I know," said Mr. 
Negus, relating the facts in evidence, " that I have said so 
to my lord duke."|| 

If the duke had memory of the past as well as ears for 
the present, he perhaps had little credence in the future; 
and there may be some of the opinion of the queen of 
Denmark : — - 

The lady doth protest too much, methinks. 

Yet, if the lord Hamlet's play of the Mousetrap had been 
upon the boards, the response would have been — 
O ! but she will keep her word ! 

And did she not keep it ? Yea, though she had remem- 
bered the cue from her role of the wayward Psecas: — ■ 

heir of Sir Robert Howard, and grandson of the earl of Berkshire. From 

the Berkshire Howards, the manors passed to the House of Suffolk. 

Blomefield, Hist. Norfolk, v. ix., pp. 49, 61. 

* Case of the duchess, 1699. + Settlement Clause of Divorce Act, 1700. 
% Francis Negus, esq., Secretary and Seal Keeper to the Earl Marshal. 
— Chamberlayne. 

§ Case of the duchess, 1699. || Howell, State Trials, v. xni.,p. 1321. 



258 THE HOWARD PAPERS. 

Well, if I did ! I'll break them if I please ! 
Am I obliged to keep my promises ? 

That she did not die before his Grace, might have been the 
duke's misfortune — not her default. Therefore did she 
keep her word; for she brake it not — in respect of her 
estate. And as to other voluntary promises, though Sand- 
ford's contemporary editor says : " It was supposed the 
duchess cohabited with Germaine most part of the time 
during her separation from the duke;"* there is no alle- 
gation on record that the duke had made any remonstrance 
or complaint of her moral conduct or of the company she 
kept — even to the witnessesf who conducted the interchange 
of communication between them. With how fair a grace 
then might the duchess exclaim, — this arrangement — these 
assurances and promising hopes notwithstanding, — " with- 
out ever signifying any dissatisfaction, and without any 
manner of notice or previous proceeding in the common or 
ordinary course of justice, — depriving her of that legal 
trial in the Ecclesiastical Court, which by the laws of the 
realm, (as advised) she is entitled to, — the duke, on the 
10th February last, J exhibited a bill in parliament for the 
dissolution of his marriage with her, in the terms, and 
with the powers that had failed him on the two former oc- 
casions. 5 '§ But an interval of five years had elapsed at 
the undefined period of time that divided the sentences of 
the duchess, — her promises from her complaint ; and in 
those five years the position of the parties had undergone 
a material change. Not that the duchess had become 
more emboldened in her unlawful course ; not that she had 
exceeded the tacit licence of her lord : not that the cause 
of the duke had gained weight, either in fact or evidence, 
popular opinion or judicial estimation ; but he had acquired 
some additional parliamentary influence, from the loss of it 

* Genealogical History, fol. 1707. 
t Mr. Robert Wellborne and Mr. Francis Negus. 
% 1 699-1700= § Petition to the Lords.— -Case of the duchess, 1699* 



THE HOWARD PAPERS. 259 

which the duchess had unfortunately sustained by the 
course of nature ; and if the position of the duke had be- 
come more objectionable to himself, it might have arisen 
from the fact that the monied friend of his duchess had 
come more prominently in his way: no longer merely a 
fortunate plebeian, — an adventurer, with questionable 
claims to the regard of society, — the trespasser on his 
household arrangements, had purchased the rank of gen- 
tility, and acquired influence that might even beard him at 
the Court of his sovereign. Far different had been his 
former condition. 

At the early period of his adventures connected with this 
story, Capt. Germaine (for so he was described by several 
of the witnesses,)* appears to have lodged at the Golden 
Ball, in Suffolk-street, whence he removed, about the 
coming-in of king William, to a house in Park-street, 
adjoining the Royal Cockpit. Of his style of living at the 
latter residence, or the customs and habit of the age, a 
glimpse is obtained from the evidence of his next door 
neighbour, Jane Wadsworth, an ale-wife ; who, examined 
on the Divorce bill, told their lordships, that, " A little time 
before the king went to Ireland,*f going to Mr. Germaine's 
for a pint-pot, the Dutch woman who opened the door, said : 

* Peter Scriber, landlord of the house at Vauxhall; Thomas Lloyd; 
John Hall, &c. Luttrell, recording the " discovery," (1685) ealls him "one 
Germyn." The duke, in his amended allegation delivered by order of the 
House of Lords, says : " The person charged to commit the said crime with 
the duchess of Norfolk is one John Germaine, of the parish of St. Mar- 
garet, Westminster." (The duke's Charge, 1692J Mr. Tiernay describes 
him " eldest son of Sir John Germaine." — Hist. Arundel, p. 551. It ap- 
pears from the evidence given at the bar of the House of Lords, that Mr. 
John Germaine had a brother, Philip, residing at the Hague ; Daniel, a 
wine merchant in London; and two sisters, Anna Maria, wife of Mr. Simon 
Brienne; and Mrs. Judith Germaine (afterwards Mrs. Persode); both of 
whom appear to have resided some time with the duchess at Vauxhall. 
Among these relations (excepting his sister Brienne, not named), Sir John 
Germaine, by his will, in 1718, divided fifty thousand pounds in money, 
t April, 1690. 



260 THE HOWARD PAPERS. 

' There's no pint-pot here ; it is up stairs ; go up and fetch 
it.' " Gramercy! that her master knew it not; or the life 
of that Dutch-woman had not been of the value of a pin's 
fee — in the opinion of his serving man ; # for the up-stairs 
of that house had the sanctity of Blue Beard's closet for 
all intruders ; and it was on that unlucky mission for the 
pint-pot, about eleven of the clock on the morning referred 
to, the witness beheld, crossing the passage from one room 
to another, " the duchess of Norfolk, in a night-gown, one 
side lapped over the other side, with Flanders lace night- 
clothes on her head, without a hood on."f 

The accession of the Orange prince to the English throne, 
gave Capt. Germaine the interest of a fellow countryman 
at Court. It was stated in disproof of his presence in 
London, that he went with the king to Ireland in 1690, J 
when, in a short campaign from April to October, his ma- 
jesty conquered at the Boyne, and effected much more for 
the settlement of his throne. But the captain returned 
with the king to have his head shaven and his wig dressed 
in the purlieu of Whitehall :§ and, however interested in 
the fortunes of his prince, it is to be feared, other than his 
fair enamouree, he had associates both Jacobite and 
Jesuitical; indeed it incidentally transpired of his habits of 
life at this time, that he frequented the duchess of Maza- 
rene's, — aye, from the evening of Saturday to mid-day on 
Sunday, — and, when he required it, sent to his valet for 
more gold.|| However, in 1697, he obtained distinguished 
favor in the eyes of the king. The recording Herald tells, 
that "John Jermayne, esq., was knighted at Kensington, 
the 26th day of February, 169 J , and was created a baronet 
immediately after. — Fee paid,"^ adds Le Neve, as though 

* Alexander Herman. t Howell, State Trials, v. xii., p. 918. 

X Answer of the duchess, 1692. 
§ Evidence of Alexander Herman, and Anthony Moree, the barber. — 
Howell, State Trials, v. xii , p. 915. 
j| Evidence of William Baily.— I&ie?., v. xiii., p. 1302. f Harl. MS., 5802. 



THE HOWARD PAPERS. 261 

to mark the man of money and liberal spirit, from the sad 
ensample of shabby gentility sometimes to be found on 
the Heraldic books, scored for the condemnation of future 
generations of kings at Arms, as " refractory, and wo'nt 
"pay" The baronetcy followed on the 25th March ; but 
there were preliminaries ; and the current of events brought 
into official communication two men— loose and unguarded 
associates in former days — who had last met in legal con- 
flict over an alleged wrong, — the one demanding in the 
shape of damage, the other defending his weighty purse ; 
and now the guilty defendant had become a supplicant, in 
very humble guise, for honorable distinction at the pleasure 
of the noble plaintiff he had so measurably wronged. 
The spirit of ancient chivalry defiled must have cried for 
revenge at the reception of an appeal to her regard in the 
following form : — 

"To his Grace, Henry duke of Norfolk, Earl Marshal of England, &c. 

" The humble Petition of John Germaiu, of the parish of St. Margaret, 
Westminster, in the county of Middlesex. Sheweth, 

" That your Petitioner being desirous of bearing Arms, and humbly hopes 
himself qualified for it, being [here shew the reasons of his pretensions and 
his qualifications'], as may appear by the annexed Certificate.* 

" Therefore your Petitioner humbly prays your Grace's order to the 
Kings at Arms, for the devising and granting such bearings as your lordship 
shall think fit to allow of. " And your petitioner, &c. 

" John Germain.'^ 
Happily, it was only the " Order " and " allowance " that 
came directly within the official cognizance of the duke's 
grace, or what might not the bitterness of his fancy have 
devised as emblematical of the case ! Party per pale, arg, 
and sab., a duke and duchess addorsed, crusuly. Crest. 

* The following is the Form of Certificate required : " We and 

do humbly certifie that John Germain, hath long lived in the 



county of Middlesex, and hath therein a competent estate to support a 
gentleman j that he hath been truly loyal the whole course of his life, &c. 
Witness our hands and Seals, &c." — Chamberlayne. 

t Until custom prevailed, there was no rule for spelling surnames, even, 
to wit, (p. 260, I. 3 from bottom) by the Heralds, sufficiently precise in 
their own nomenclature. Sir John wrote himself Germain. 



262 THE HOWARD PAPERS. 

On a wreath or. and arg., a Dutch churle, sab. holding in 
hand dexter, a dice box ; sinister, a knave of hearts, both 
ppr. But the dignity of the duke was superior to official 
revenge; it devolved on the two kings at Arms, Gar- 
ter and Clarentius, to consider the "qualifications" and 
"pretensions" of the supplicant for heraldic distinction, and 
to symbolize the notability of his deeds. And what were 
they? Alas! Beatrice might have undertaken to eat all 
of his killing in the wars. He had slain no infidel, nor 
done battle for the faith ; therefore no crosslet nor crescent 
might adorn his shield : no blackamoor's head, couped, 
surmount his casque. Though the bloody hand of Ulster 
should mark his purchased elevation of rank, no lion's head, 
erased, could tell his prowess in the deadly encounter; 
no dolphin, his adventures on the deep; or salamander, 
the fiery endurance of a siege. # No, the prowess of Sir 
John Germaine had been at the Groom Porter's ; and their 

* Swift, referring to the storming of Namur, 1695, writes: — 

To paint a hero, we inquire 

For something that will conquer fire. 

Would you describe Turenne or Trump, 

Think of a bucket or a pump. 

Are these too low? Then find a grander. 

Call my lord Cutts a Salamander. 

Pliny's description of the natural animal is partly confirmed by Handle 
Holme, who possessed "some of the hair or down of the Salamander, which," 
says he, " I have several times put in the fire and made it red hot, and 
after taken it out, which, being cold, yet remained perfect wool or fine 
downy hair/' — Academie of Armoury, fol. 1688, p. 205. This must have 
been a fossil relic of the last specimen of the true breed, disinterred by the 
geologists; for in the words of an Irish poet, extolling his hero: — 

The age of chivalry had past, 

Like the tornado's sweeping blast ! — 

when, in the fury of the exhalation, and, wretched decadence of heroic virtue, 
the Salamander somehow lost its ancient power over the destroying element, 
and is no longer symbolical of the fiery ordeal. Practical science also had 
been at work, and a great discovery the miserable result. " The tradition," 
says Hugh Clarke, " that a Salamander can live in and not be burned by 
fire, is without foundation in truth,— for the experiment has been tried! !" 
— Introd. to Heraldry. 



THE HOWARD PAPERS. 263 

majesties at Arms awarded him the blue table cover for the 
colour of his shield, parted per cross engrailed, or. ; the 
golden " teeth or points which enter the field," # denoting 
perhaps the sharpness and dexterity of his play in every 
quarter. For a Crest, the Heralds devised and the Earl 
Marshal allowed, a Parrot, arg. beaked or.,f not inappro- 
priately symbolizing the vain courtier, all silver and gold, 
who desired to parade his lucky fortune to the world. 
Had it been langued, of the first, to denote the " flattering 
engine " that, whispering soft allurements into the ear of 
the neglected duchess, had seduced her from her allegiance 
to her lord, the satire had been complete. 

In 1697 died Henry earl of Peterborough, succeeded in 
the earldom by his nephew, Charles earl of Monmouth, the 
Mordanto of Swift's amusing triplets : — 

In Senates bold, and fierce in war, 
A Land Commander and a Tar; 

but his daughter, the duchess of Norfolk, was the heiress 
of his wealth, and of his more ancient barony. J The two 
earls had not been in community of religion or of politics ; 
for the father of the duchess had relapsed to popery in the 
Jacobite interest, and had retained, at least, sympathy for 
the dethroned king ; while his successor in the earldom 
had deeply engaged himself in the Orange revolution, and 
more than sympathized with the protestant succession. 
There was no sympathy between the cousins ; the earl of 
Peterborough, who viewed the duchess as an usurper of 
his rights, gave his adhesion to a renewed attempt of the 
duke of Norfolk to pass his divorce bill through the House 
of Lords ; and in return received passive assistance in the 
prosecution of his own private pique against the unfor- 
tunate duchess. 

* Clarke, ut supra. 

t The Coat and Crest, as described, are displayed on the tomb of Sir 
John Germain, in the church of Luffwick (Lowick) St. Peter, co. North- 
ampton. — Bridges, Hist., v. ii., p. 248. 

X Mordaunt of Turvey, a barony by writ, descendible to heirs general. 



264 THE HOWARD PAPERS. 

An additional earldom, — a bare title, though a family 
augmentation, came not to the earl of Monmouth with half 
the charm of a barony with the inheritance of many manors; 
and the natural vivacity of his imagination suggested the 
attempt to obtain by force of law, possessions he had been 
deprived of inheriting by the intervention of an heiress or 
the settlements of her father. There was, however, an ob- 
struction in the way; the fair occupant of the envied lands 
was the wife of a duke, and entitled to her husband's 
privilege of exemption from the ordinary inflictions of 
law or equity ; but the duke was pleased to be sternly 
just in his estimate of the equality of rights of appeal; 
and inasmuch " as he had waived his privilege in the case 
of an uncle not long before,* he could not do less for his 
duchess ;"*]* he therefore withdrew his marital protection, 
and permitted the earl of Peterborough to pursue her at 
law or equity to his heart's content. But the favor, how- 
ever annoying to the lady, proved impotent for the earl ; 
who, after several years litigation, and two appeals from 
the Court of Chancery to the House of Lords, failed in 
both. J More successful in reciprocating the compact, the 
earl of Peterborough introduced, and supported with his 
characteristic energy, the duke of Norfolk's divorce bill in 
its hasty and now successful progress through parliament. 
Other reasons, however, than those assigned, have been at- 
tributed to the earl for his conduct in this matter; and lord 
Dartmouth, who perhaps only regarded political events, 
imputes the earl's zealous promotion of the duke's bill to 
revenge for the behaviour of the duchess on the trial of the 
unfortunate Sir John Fenwick,for high treason.^ Perhaps 

* Ante, p. 233, n. 

t Evidence of Francis Negus. — Howell, State Trials, v. xiii., p. 1322. 

t Charles earl of Peterborough v. Lady Mary Mordaunt. — 1 Anne. — 
Lords' Journals, v. xvii., p. 252. The same v. Sir John Germaine et Ux. — 
8 Anne. — Ibid., v. xix., p. 79. 

§ The offence of the duchess of Norfolk is related by Burnet, in a com- 
plicated history of the Court intrigues of the year 1696, when Sir John 

t 



THE HOWARD PAPERS, 265 

the influences were combined ; but whatever the cause, it 
is certain that where, on former occasions she had a natural 

Fenwick had been captured; and the bill for his attainder was before par- 
liament. 

Monmouth, influenced by other views than those professed, engaged the 
duchess of Norfolk to represent to lady Fenwick, that " if her husband would 
follow his advice, he would certainly save his life." To attain an object 
naturally so much desired, it was proposed that Fenwick should make dis- 
closure to the government of certain " little stories " to be supplied to him, 
in confirmation of statements already made by Monmouth to the king and 
his favorite, the earl of Portland, giving credibility to some other disclo- 
sures contained in letters of the spy, Smith. The duchess was furnished 
with "a short paper that contained the scheme of the design," afterwards 
enlarged into detail by dictation; the duchess acting as emanuensis 
for the earl. It so happened, however, that Fenwick would not be guided 
by his professed friend " to meddle with contrived disclosures :" and Mon- 
mouth, in the rage of disappointment, declared " he would get the bill to 
pass." And he kept his word ; for " he spoke," says Burnet, u fully two 
hours in its favor with a peculiar vehemence." Shocked at his baseness, 
the lady Fenwick procured her nephew, the earl of Carlisle, to move the 
House, u that Sir John Fenwick be examined concerning any advice that 
had been sent to him with relation to his disclosures :" lie disclosed the 
whole affair j and the House proceeded to a thorough investigation. Smith 
" turned out to be a very insignificant spy ; always asking for money, and 
taking no care to deserve it." The duchess of Norfolk was also examined. 
Prudently wise, in her interviews with Monmouth, she had placed the gen- 
tlewoman who carried her messages to lady Fenwick, within hearing of all 
that passed; so that she not only produced in her own justification, " the 
paper of heads" in Monmouth's writing; but a witness to confirm her oral 
testimony. Monmouth was sent to the Tower, and turned out of all his 
offices ; but the loss, says Burnet, was believed secretly made up to him ; 
for the Court, remembering his services in the revolution, resolved not to 
lose him quite ; and his release from confinement came with the end of the 
session of parliament. — Hist. Oicn Time, v. iv., p. 340, Svo. The earl of 
Hardwick says, ''Monmouth well deserved the censure, and was a thorough 
bad man." — Ibid., n, "He deserved almost any punishment," adds 
Speaker Onslow ; " I wonder any man of honor could keep him company 
after such an attempt. He was of the worst principles of any man of, 
perhaps, that or any other age ; yet from some glittering in his character he 
had some admirers. He was Pope's hero." — Ibid., p. 341, n. 

The caution of the duchess marks her suspicion of the man; while her 
sympathy for the fate of the husband of the lady Mary Howard had other 
sources of interest. In the hastily pencilled letter of Sir John Fenwick, 
after bis capture, intended for his lady, but intercepted at Koruney, among 



266 THE HOWARD PAPERS. 

protector and friend, the duchess now found an enemy ; 
for " her father, the old earl of Peterborough," says lord 
Dartmouth, — " who was known to be as great a blusterer, 
and thought to have more real courage, — kept his nephew 
in some awe ; and would not have suffered his daughter to 
have been insulted by one of her own family. " # 

The public scandal so long before the world, was familiar 
to, perhaps generally credited by the House ; and the ap- 
peal, as now prosecuted, "met with little opposition. "f 
On the 12th February, 4tM> a petition for leave to bring 
in the bill was presented ; and on the 16th the bill was 
read. A few additional witnesses^ were examined, whose 
evidence, full and fatal, in the estimate of its advocates, 
if any evidence had been wanting, "completed the case ; 
and the duke, elated with the cheerful prospect, became 
plaintive on his own behalf; and " since he had so long 
and so often in vain endeavoured to be freed from a lady 
publicly famed and proved to have lived with Sir John 
Germaine as his wife, the duke's former disappointment 
cannot but be powerful arguments for his speedy obtaining 
that justice which the spiritual Court cannot give him, 
their power reaching no further than to that liberty of living 
as she list, some years since settled by articles: but as 
none of less art and oratory than her counsel could have 
turned this into a licence to commit adultery if she list, or 
a freedom afterwards : had there not been evidence of her 
acting according to such construction, the duke would 
have hoped she had repented of the former injuries he had 
received from her; but now hopes she shall no longer con- 
other friends to be moved in his behalf, the following passage occurs: 
" Let my lord Scarsdale engage Jermaine to engage Overkirke for me." 

* Note on Burnet : Own Time, v. iv., p. 222. 

t Lord Dartmouth, ut supra. 

% Among them Nicholas Hosier, valet to Sir John Germaine; and Mrs. 
Eleanor Vaness, the Dutch woman ; both represented to have been kept 
out of the way on the last occasion. 



THE HOWARD PAPERS. 267 

tinue to bear the name of his wife, and put him in danger 
of being succeeded by Sir John Germaine's issue, or de- 
prive him of the expectation of leaving his honors, offices, 
and estate to a protestant heir." # 

On her part, the duchess complained of the sudden and 
violent inroad upon the peace of her innocent and quiet 
life ; and prayed to be heard by her counsel. On the 20th 
February, her counsel were heard ; evidence was offered to 
discredit the witnesses against her; and the House, to 
play the touchstone, ordered the attendance of Sir John 
Germaine : he failed to appear ; and two witnesses, who 
were to have spoken to his presence at Drayton, were 
represented as not to be found, f That Sir John had been 
a frequent visitor at that favorite residence of the duchess, 
— the home of her ancestors for many generations, — there 
can be little doubt ; but gamesters are rarely sentimental, 
and he left no record upon the trees. On the 8th March, 
the bill was read a second time, by a majority of seventeen 
votes ; J nineteen peers, spiritual and temporal, of the 
minority, — who, though among the friends of the duchess, 
may perhaps escape the sweeping impeachment of bishop 
Burnet's scandalous censure,^ — recording their dissent, 
for the following reasons : — 

" 1st. Because we conceive there was a contradiction in the 

evidence given at the bar, which made the validity of it suspected. 

" 2ndly. And because it is without precedent, that a bill of 

* The Duke's Case, with Reasons for passing his Bill. 1700. 

t La Fountain, and Hugonee, who had both " declared that nothing 
should oblige them to betray their master's secrets, &c." — The duke's Case, 
loith Reasons for passing his Bill. 1700. 

t Contents 47; non-contents 30. — Lords' Journals, v. iv., p. 621. 

§ Ante, p. 252. Burnet's offensive words are, that " All who favored the 
Jacobites, and those who were thought engaged in lexcd practices, espoused 
the concern of the duchess with a zeal that did themselves little honor." — 
Oxen Time, v. iv., p. 222. As to Jacobites, the earl of Dartmouth retorts : 
" That the bishop lived in such constant apprehensions of a halter, that he 
found a Jacobite influence predominant in all transactions. — Ibid., n. 



268 THE HOWARD PAPERS. 

this nature was ever brought into parliament, where the subject 
matter had not been first proceeded on in the Ecclesiastical 
Courts; and that it may be of dangerous consequence to the 
settlements of families, to subject the dissolution of marriages to 
so short and summary a way of proceeding."* 

The bill passed ;+ but lord Dartmouth had fairly repre- 
sented the sentiments of the House ;J and the lords, in 
Committee, directed the addition of a clause to declare, 
that the duchess should be repaid the ten thousand pounds 
received with her in marriage, — on or before the 25th 
March following ; and the money not being so repaid, that 
she should continue to receive, during life, the jointure and 
other advantages to which she was entitled under her mar- 
riage articles and other settlements mentioned.^ Luttrell 
adds, that on being repaid the money, the duchess was 
to quit her jointure "and restore a box of jewels of great 
value, which had belonged to the old duke of Norfolk. "|| 

* Lords' Protests, v. i.,p. 194. The lords who signed the protest were : — 

Burlington (a) Weymouth (h) Bolton (o) 

Rochester (&) Vaughan (i) Tho. Roffen' (p) 

N. Cestriens' (c) Ja. Lincolne (k) Sy. Eliensis (q) 

Lerapster (d) Halifax (I) Scarsdale (r) 

Jonat. Exon' (e) Sussex (m) Thanet (s) 

H. London (/) Jeffreys (n) North and Grey (t) 

Montague (g) 

t Royal assent, April 11th. — Lords' Journals, v. x\i.,p. 578. 
t Ante, p. 252. 
§ Act, printed in Howell's State Trials, v. xiii., p. 1283. 
|| Diary, v. iv., p. 622. Besides some diamonds of price, which the duke 

(a) Charles Boyle, earl of Cork (Ireland), earl of Burlington, co. York. (&) Lawrence 
Hyde, second son of Edward, first earl of Clarendon, viscount Hyde of Kenilworth, earl of 
Rochester, (c) Nicholas Strafford, (d) Sir W. Fermor, Bart., baron Lempster, co. Here- 
ford, (e) Sir Jonathan Trelawney, Bart. (/) Henry Compton. (g) Francis Browne, 
viscount Montague, (ft) Sir Thomas Thynne, baron Thynne of Warminster, viscount 
Weymouth, (i) John Vaughan, earl of Carberry (Ireland), baron Vaughan of Emlyn, 
co. Caermarthen. (ft) James Gardiner. (I) Sir William Savile, Bart., baron Savile of 
Eland, marquess of Halifax, (m) Thomas Lennard, baron Dacre, earl of Sussex, (ri) 
Sir John Jeffreys, Bart., baron Jeffreys of Wem. (o) Charles Paulet, marquess of Win- 
chester, duke of Bolton, (p) Thomas Sprat, (g) Symon Patrick, (r) ■ Robert Leke, 
baron Deinecourt of Sutton, earl of Scarsdale. (s) Thomas Tufton, baron Clifford, earl 
of Thanet. (t) William North, baron North of Kirtling, and Grey of Rollestone. 



THE HOWARD PAPERS. 269 

Pepys, writing the day following to his nephew Jackson, 
says : " One thing more makes much noise here ; the duke 
of Norfolk having obtained, at last, this session, his desired 
divorce from his wife, now bare lady Mary Mordaunt 

possessed, (and one valued at eleven hundred pounds is mentioned in 
Edivard Browne's Journal), — the box probably contained the choice an- 
tiques from the Arundel collection. 

Evelyn had exhausted his indignation on the late duke, or to this period 
of the family history — and to other persons, might have been applied much 
of the invective he bestowed on the dispersion of the Arundel collection. 
After stating that valuable accumulation of rarities had been divided be- 
tween the two sons of the celebrated collector, Henry lord Maltravers and 
the viscount Stafford, Walpole adds: " Of what came to the elder branch, 
since duke of Norfolk, the most valuable part fell into the hands of the 
duchess who was divorced. Wanting money, she is said to have sold the 
statues for £300 to the last earl of Pomfret's father; and by the countess 
dowager they have been given to the University of Oxford. The cameos 
and intaglios the duchess of Norfolk bequeathed to her second husband, 
Sir John Germaine. They are now in possession of his widow, the lady 
Elizabeth Germaine. Among them is that inimitable cameo, the marriage 
of Cupid and Psyche, which I should not scruple to pronounce the finest 
remains of antique sculpture of that kind. The coins and medals came into 
the possession of Thomas earl of Winchelsea, and were sold by his execu- 
tors in 1696. — Walpole, Anecdotes of Painting, v. ii., p. 129. For this 
fate, some part of the collection had been preserved by an appeal of the 
duke to the protection of parliament against the acts of another lady of his 
family, the dowager duchess of Norfolk, widow of his father, the late duke. 
The duchess dowager had re-married with Lieut. Col. Maxwell ; and in 
January, 1688, a petition of the duke of Norfolk to the Lords in parliament, 
shewed, that by an Act of the third year of Charles the First, divers statues, 
pictures, drawings, &c. of the petitioner's ancestors were to remain and be 
heir-looms annexed to the honor, &c; and had been preserved in the 
family, until of late, the Col. Maxwell, under pretence and in right of his 
wife, Jane, duchess of Norfolk, had exposed them to sale by auction, in- 
tended to be opened this day (January 24); and the noble petitioner prayed 
that the sale might be stayed until he should exhibit his claim in some 
court of law or equity. And in regard the courts of law and equity in 
Westminster Hall are not now open, that the sale be stayed, and the Col. 
Maxwell, the lady duchess his wife, and Mawson and Walton, the auctioneers, 
should not sell or dispose of any of the said goods, &c. — Lords' Journals, 
v. xiv., pp. 105, 106. A dagger, designed by Holbein for Henry VIII., set 
with rubies and diamonds; and a fine whole length figure (in little) of bluff 
King Hal, carved in stone; with some other curiosities, formerly in the 

S 



270 THE HOWARD PAPERS. 

again, from being the first duchess in England. " # A bar- 
ren triumph, it was nevertheless, the lady's defeat ; and it 
became her turn to wear off the edge of notoriety in foreign 
lands ; li the late duchess," writes Luttrell, " is going to 
France for some time \"\ while the duke, " with leave to 
marry again," was free to set up her vacated coronet at 
market, or dictate a sine qua non to any heiress envious of 
honor, or ambitious of exclusive rank. " If," wrote Evelyn, 
a the duke should have children, the dukedom will go from 
the late lord Thomas's children ; papists, indeed, but very 
hopeful and virtuous gentlemen. "J The duke did not 
marry again : a year had passed since his long-sought wish 
had been attained ; and how had it passed ! Let the 
miserable result be told. The ides of March had come, and 
the duke had not yet settled with his old love : the 22nd 
of the month, by modern computation, had arrived ; and 
on that day a petition was presented from his Grace to the 
Lords in parliament, praying for further time to repay the 
ten thousand pounds^ peremptorily due on the 25th : when, 
after some opposition and debate, on the 24th, a bill was 
ordered to be brought in for the purpose prayed : || but, 
though timely, it was needless ; other relief than parlia- 
mentary exemption from pressing liabilities was at hand : 

Arundel collection, found their way from the possession of the lady Eliza- 
beth Germaine to the cabinet of the lord Orford, at Strawberry Hill. — • 
Walpole, Anecdotes of Painting, v. i., p. 154. 

Mr. Henry Howard of Corby, is very severe on the " divorced duchess, 
who carried away the statues and marbles. They could scarcely," he says, 
" be deemed her's as paraphernalia to adorn her person ! The antique 
gems, cameos, and intaglios, from the Arundel collection, which she also 
possessed, were of great value. Theobald estimated their rarity at £10,000. 
If they were gifts, her ingratitude is increased : if otherwise, she deserves 
an additional name of reprobation .'" — Family Memorials, p. 41 . JNTo ! the 
wedding ring forbids the ban ; and when that plea fails, she had a lien for 
their retention. 

* Diary, v. v., p. 384. t Diary, v. iv., p. 638. 

$ Diary, v. ii., p. 359. § Luttrell, Diary, v. v., p. 31. 

II Lords' Journals, v. xvi., p. 633. 



THE HOWARD PAPERS. 271 

a wearied spirit, exhausted nature, or a passionate remem- 
brance of sorrows, — 

Sweet beginning but unsavoury end! — 

nurtured in golden dreams and terminating in disappoint- 
ment the most embarrassing, if not in self-reproach and 
bitter regrets, produced a sudden crisis in his fate : a week 
later, and domestic troubles that had endured one-third of 
his natural days, terminated only with his life. The duke 
died " of a lethargy,"* at his house in St. James's Square, 
on Wednesday morning, the 2nd April, 1701, in the forty- 
eighth year of his age, — " un-married " and without issue. 
In the distraction of his affairs he had made no will; and 
his kinsman, Charles earl of Carlisle, in the following year, 
was induced to undertake the administration of his estate 
for the benefit of creditors. f If by his divorce the duke 
escaped the disgrace he, at a late period, had expressed a 
fear, his hope of leaving his honors and estate to a pro- 
testant heir was not fulfilled : he was succeeded in both by 
his nephew, Thomas Howard, eldest son of his deceased 
brother, Thomas of Worksop, — a Roman catholic, — aged 
about eighteen years. J 

The lady Mary Mordaunt was not repaid her marriage 
portion; but she retained the alternative secured to her by 
Act of parliament ; and a life interest in Norfolk House, 
appears to have been portion of her jointure under the set- 
tlements it confirmed ; for there she made her town resi- 
dence, and there she died.§ 

After a decent reserve of six months, in October, 1701, 
the baroness Mordaunt of Turvey became the lawful wife 

* Luttrell, Diary, v. v., p. 35. Le Neve say9 " suddenly— of a lethargy." 
— Topog. and Geneal., v. iii., p. 37. Evelyn says the duke died of "an 
apoplexy." — Diary, v. ii., p. 365. 

t Reg, Cur. Preerog. Cantuar. an. 1702. $ Luttrell. 

§ The reversion of the mansion was probably sold by the administrator 
for the payment of debts. Thomas, duke of Norfolk, next in succession, 
purchased " Norfolk House, in St. James's-square," of the duke of Port- 
land. See his will, 1732. — In Beg. Cur. Preerog. Cantuar. 

s2 



272 THE HOWARD PAPERS. 

of Sir John Germain, knight and baronet ; # and four years 
later, by nature's decree, her brief wedlock terminated, the 
17th November, 1705. Beneath the east window of the 
north aisle of the church of Luffwick, county of Northamp- 
ton, pensively reposing in white marble, on a tomb of grey, 
the elegant figure of a woman attracts attention to the 
sepulture of her remains ; the inscription recording her age, 
forty-seven years at the time of her decease. f By her 
will, Sir John Germain became heir of her disposable in- 
heritance and her wealth, to the value, says Luttrell, of 
seventy thousand pounds; J her cousin Charles, earl of 
Peterborough, adding to his titles the barony of Mordaunt; 
and in due time " his meagre corpse — 

A skeleton in outward figure " 

was placed with the dust of his noble ancestors, without 
memorial, in Turvey church. § 

* Luttrell, Diary, v. v., p. 99. 
t Bridges, Hist. Northamptonshire, v. ii., p. 248. 

X Diary, v. v., p. 613. Sir John Germain afterwards intermarried with 
the lady Elizabeth Berkeley, daughter of Charles earl of Berkeley; and 
dying, without issue surviving, at " his manor of Drayton," left to her all 
the Northamptonshire property he had derived from the lady Mary Mordaunt, 
his first wife; with an understanding as to a settlement to be made by her. 
On the north side of the lady Mordaunt's tomb, in Luffwick church, a cor- 
responding monument, — noble devotion of his widow! — with a marble 
effigies of Sir John Germain in armour, records his decease, December 1 Itb, 
1718, at the age of sixty-eight years. By will, he left fifty pounds to the 
poor of Luffwick, and one thousand pounds to purchase an endowment of 
fifty pounds per annum for the perpetual maintenance of a school there ; 
one hundred pounds to the poor of St. James's, Westminster; and two 
hundred pounds to the Dutch church in the Austin Friars, London. And 
in addition to the noble legacies to his sister and brothers, he left to " three 
persons in Holland, known to his brother Philip, five pounds per annum 
each for life, to be paid to them half-yearly." — Ex Reg. Cur. Prcerog. Cant. 

The devisee of the lady Elizabeth Germain was the lord George Sack- 
ville, third son of Lionel Cranfield, first duke of Dorset (a child two years 
of age at the decease of Sir John Germain), who, by act of parliament, took 
the name of Germaine; and was created baron Bolebroke and viscount 
Sackville. His grandson, Charles Sackville Germaine, in 1815, succeeded 
to the dukedom of Dorset. § Lysons, Hist. Bedfordshire. 



THE HOWARD PAPERS, 



273 



CHAPTER VI. 



Tis much he dare ; 
And to that dauntless temper of his mind, 
He hath a wisdom that doth guide his valour 
To act in safety. 

A stranger sits in thy father's hall, 

Usurping thy right, I wist; 
But a thousand spears are at thy call; 

Hail ! to thee, king of the mist ! 
Come! I will bear a lance for thee; 
And share thy fortunes faithfully. 



THE DUCAL LINE. THE BROTHERS. 

The year 1701 witnessed a violent reaction of religious 
sentiments in the representative of the ducal House of 
Howard. Mr. Thomas Howard, born in lb'83, was in his 
eighteenth year, when the honors of his noble relative fell 
to his inheritance. In the first instance, the impediment 
of youth softened a more formidable obstruction to the en- 
joyment of some of the attributes of the succession ; and 
Charles earl of Carlisle, as a protestant member of the 
same stock, was appointed to the office of Earl Marshal 
"during the minority of the duke." # The accession of 
queen Anne the following year, and the interesting ceremony 
of the coronation still found him under age; and the earl 
of Carlisle was re-appointed to represent the head of the 
family in his official services to the Crown. His minority 
passed, however, "the incapacity of the duke," on account 

* 12th February, 1701. Pat. 13 Will. III.— Collins. It seems, however, 
that the office was put in commission, Henry earl of Suffolk (another pro- 
testant Howard) being the other commissioner. 



274 THE HOWARD PAPERS. 

of his religion, interposed a barrier more enduring than non- 
age; affording him only the privilege of nominating a 
deputy to be approved by the sovereign ; and he exercised 
his right by nominating another protestant Howard, Henry, 
commonly called the lord Walden,* son and heir of the 
earl of Suffolk, who, in honor of the high office to which 
he had been approved by the queen, was created baron 
Chesterfield and earl of Bindon.f There had been expec- 
tations — perhaps political hopes of the partisans of the late 
duke — that the youthful heir would have conformed to the 
policy of the State, and fulfilled the expressed wishes of his 
late uncle, to be succeeded by a protestant heir. " Tis 
said," wrote Luttrell, " the young duke of Norfolk is inclin- 
able to turn protestant :"J but the legal disqualification 
that attended the observance of the Romish faith, and had 
induced several of his ancestors to conform to the reformed 
doctrine of the times in which they lived, had no influence 
on the son of Thomas of Worksop. A parent identified 
with a standard of faith and loyalty now repugnant to the 
law T of the land, had been his early model, and his con- 
victions remained with the teaching of his youth. In his 
22nd year, Thomas duke of Norfolk returned from his 
travels to kiss her majesty's hand;§ and receive from 
another power the nominal appointment of chief of a faction 
opposed to the political and religious maintenance of her 
throne. As in other times, " zealous sticklers for the church 
of England " were opposed, and at this season successfully 
opposed, by a party, the members whereof, " though they 
bore an unfeigned affection for the established religion, yet 
retained a christian compassion and tenderness for those 
that did dissent from it." The antagonism was the old 

* 1706. Thursday, Aug. 22.— Luttrell. The earl of Suffolk, on account 
of age and infirmity, resigning in favor of his son. — Poynter. 

t Patent dated Dec. 13, 1706. He became earl of Suffolk and Bindon 
on the decease of his father, Henry, fifth earl of Suffolk, in 1709. 

\ Diary, v. v., p. 72. § Luttrell, Diary, r. v., p. 557. 



THE HOWARD PAPERS. 275 

dispute of conformity and toleration, with other interests 
involved ; # and in the balance of parties, the severity for- 
merly considered necessary to the discouragement or sup- 
pression of a proselyting faith, and the establishment of a 
protestant throne, had become moderated by time to a 
sufferance that was not only endurable but encouraging; 
and the same "intolerable, boldness and presumption of the 
Romish priests and papists," — the same employment of 
" inveigling arts and devices in perverting and seducing the 
gentry and commonalty, not only secretly, but openly and 
publicly, in defiance of the laws," as in more recent times 
has been the subject of observation and complaint, then 
formed the material of appeal to the parliament and to the 
throne. " Their priests are numerous ; their masses fre- 
quent; their people go affectedly in troops; they marry 
without licence or publication ; they visit protestants when 
sick or dying in order to pervert them ; they throw out ill 
language against the church and government ; and spread 
false reports and scandalous reflexions upon the orthodox 
clergy : they have built a stately edifice, which, (as the pe- 
titioners had good reason to believe,) is intended for a 
seminary ; and several lands have been settled for the 
endowment of that and other places. The popish gentry 
are assistant to their priests in their perversions ; and to 
insinuate themselves into protestant families, catch at all 
opportunities to marry amongst them, whereby they have 
proselyted many of the gentry. "f 

The attainment of his legal age of manhood bv a duke 
of Norfolk of the Romish faith, was a circumstance not 



* In the debate on the Occasional Conformity Bill, a peer "eminently 
conspicuous for his parts, and his affection to the protestant succession, did 
not stick to say, that ' if they passed this bill, they had as good tack the 
prince of Wales to it.'" — Annals of Queen Anne, v. ii., p. 189. 

t Petition of the lord bishop of Chester [Nicholas Strafford] and the 
gentry and clergy of the south part of Lancashire, 1703. — Annals of Q. 
Anne, v. iv., p. 225. 



276 THE HOWARD PAPERS. 

without importance to the cause ; and at the earliest period 
that his voice could have action or weight, " as chief among 
the Roman catholics in England/' he appears to have been 
recognised as the head and heart of an obnoxious faith and 
a dormant faction. It was not, however, without some 
personal interest that the duke came forward publicly to 
oppose a measure before parliament, entitled " A Bill for 
the further preventing the growth of Popery." By an act 
of the eleventh year of William the Third, bearing a similar 
title, it had been provided, that all papists should, within 
six months after they had reached the age of eighteen 
years, take the oath of allegiance and supremacy, or declare 
themselves protestants; in default whereof their estates 
should go to their next heirs being protestants. This regu- 
lation in fact, to a reserved extent, adapted for the people 
in security of the throne, the same principle the people in 
parliament had established in respect of the succession to 
and forfeiture of the regal power ; but the enacting clause 
proposed to be amended, had been so " lamely expressed/' 
that the papists had found several means of evading it. 
First, there being in all families a gradation of age among 
the several heirs to the same estate, it happened that 
although the person that arrived at the age of eighteen 
did not take the oath prescribed, yet the title of the protes- 
tant heir remained undecided so long as any next popish 
heir was under age. Secondly, (and here was the main 
inconvenience) — by the clause as it stood, it lay upon the 
next heir to him who, at the age of eighteen refused to 
declare himself a protestant, to prove that such a declara- 
tion had not been made ; — imposing the proof of a negative 
that operated as a safeguard for the popish heir. By the 
bill now introduced, it was proposed, therefore, to amend 
such "lame clause" in the statute of William the Third, 
and to enact " that all papists or reputed papists should, 
within six months after they had attained the age of eigh- 
teen years, take the oath of allegiance and supremacy ; or 



THE HOWARD PAPERS. 277 

declare themselves protestants and prove that they had 
made the declaration required." 

On the report of the " Grand Committee " on the bill 
being brought into the House, # a petition from the duke 
of Norfolk was presented, " praying that he might be heard 
by his counsel for explanation of some words in the said 
bill, and for such relief to him as to the House should seem 
meet :" and the petition being read, the Commons ordered 
that the duke should be heard by his counsel, but as to 
his property in the office of Earl Marshal only,f The 
order was sudden ; the duke was unprepared on the instant 
to defend his exceptional case : the bill was ordered to be 
engrossed for a third reading ; and the opportunity was lost 
for an unnecessary display of Romish advocacy ; for on a 
division the bill was rejected by a large majority^ the 

* March 2nd, 1705-6. 

t Annals of Queen Anne, v. iv., p. 225. See also Luttrell, Diary, v. iv., 
p. 22. A few months before (November 10), Luttrell wrote : " The duke 
of Norfolk, hereditary Earl Marshal of England, refusing to qualify himself 
for the office, 'tis said, 't will be settled upon the earl of Carlisle, who held 
it during his Grace's minority." — Ibid., v. v., p. 610. On the 22nd 
August, however, after the rejection of the bill, " being a papist, he ap- 
pointed the lord Walden to execute the office, and her majesty approved of 
the same.": — Ibid., v. vi., p. 78. 

X The bill was read the third time on the 4th March ; but on the ques- 
tion, " That this bill do now pass," the votes were: Ayes 43, Nays 119. 
In perusing the debates of that period, it cannot fail of observation how 
apposite to the circumstances of our own day were the speeches and argu- 
ments on topics that then agitated the public mind : and deprecating the cry 
of the " Church being in danger," the bishop of Bath and Wells (Dr. George 
Hooper), "complained of the terms High Church and Low Church," 
attributed to members of the protestant episcopacy, as " an invidious dis- 
tinction, tending to set us at enmity; that by High Church, people were 
made to believe a man inclined to popery, or at least, one that endeavoured 
to carry church power beyond our constitution ; which he thought was a 
great injustice to the gentlemen who bore that character, who meant nothing 
more than to keep up the just dignity and discipline of the church. Neither 
did he believe that the others, called the Low Church, had any designs of 
lowering or levelling it with Presbytery, as was on the other hand malici- 
ously suggested."— Annals of Queen Anne, v. iv., p. 209. In conclusion, 



278 THE HOWARD PAPERS. 

wisdom of the nation virtually declaring that the growth 
of popery was not to be restrained by penal laws. 

Steady as the duke was in the maintenance of his own 
religious faith, and zealous for its interests, he did not 
commit one offence charged against his influential brethren 
of the same church : he did not seek by a matrimonial 
alliance without its pale to obtain a proselyte to his creed ; 
nor did he extend his views beyond the friends of the ab- 
dicated monarchy. In the year 1708, " It is said," writes 
Luttrell, " a marriage is concluded between the duke of 
Norfolk and the marquess of Powys' eldest daughter, — her 
fortune about fifty thousand pounds."*" The associations, 
political and religious, were strongly marked ; the amount 
of fortune may perhaps be questioned : but rumour, with 
her many tongues, proved false on the balance ; — Cupid, 
in a moment of caprice, cast a feather in the scale, and, 
without sacrificing any of the conditions named, the duke, 
a few months later, united himself for the length of his 
days with the heiress of an old northern house, firm in 
the ancient faith and loyalty, — Mary, only daughter of Sir 

the growth of Popery bill was not only lost; but a majority of 61 to 30 
concurred with the bishop, that the church was not in danger. 

* Diary, v. vi., p. 350. William Herbert, marquess of Powys, was son 
of that zealous and outlawed Jacobite of the same name, who died at St. 
Germains, in 1696, and the lady Elizabeth Somerset, daughter of Edward 
marquess of Worcester (Vide ante, p. 52). He married Mary, daughter and 
coheir of Sir Thomas Preston, of Furness, co. Lancaster, Bart., by whom 
he had six daughters. Wise in his generation, whatever his private convic- 
tions, and amid connections the most adverse to the authority of the reigning 
power, the marquess of Powys preserved his name, honor, and dignity, and 
died in his bed. His family had persevered in their loyalty until it became 
treason; and its alliances were distinguished for the same obstinate regard 
for legitimate right. One of his sisters, the lady Frances, was wife of Ken- 
neth Mackenzie, son of the earl of Seaforth, who, with 3000 followers, par- 
ticipated in the Scottish rising, under the earl of Mar, in 1715; and the 
lady Winefred, wedded to William Maxwell, earl of Nithsdale, is honored 
in story for her heroic devotion in effecting her lord's escape from the 
tower of London, the following year. 



THE HOWARD PAPERS. 279 

Nicholas Sherburne, of Stonyhurst,* in the county of Lan- 
caster, baronet : " her present fortune," writes Luttrell, 
" is upwards of thirty thousand pounds. "f No progeny, 
however, blessed the union ; and the duke dying at his 
house in St. James's Square, December 23rd, 1732,j his 
brother Edward, with whose history his own is intimately 
interwoven, became his heir. 

Mr. Edward Howard at this time had also united him- 
self in marriage with a family that betokened sympathy 
with the outcast Stuarts; and some years earlier in his 
history, had carried his enthusiasm for the Jacobite cause, 
to the height not only of constructive, but of actual war 
against the sovereign power. Buckling on his material 
armour to that of his faith, Mr. Edward Howard had been 
induced, in the year 1715, to join " that rash mock army 
of unhappy gentlemen "J who took up arms for the " Pre- 
tender," — a revolt so disastrous to the Ratcliffes of Der- 
wentwater and other families of note. With many, how- 
ever, rashness was the alternative of suspected men, already 
committed to the cause ; for whose apprehension warrants 
were reported already to have arrived in the north : and 

* Sir Richard Sherburne, knighted by queen Elizabeth for his bravery 
at the battle of Leith, had his " priest and chapel " at Stonyhurst by licence 
from the protestant queen. Sir Nicholas Sherburne, created baronet by 
James the Second, in 1686, died in 1717, leaving an only child surviving, 
Maria Winfreda Francesca, who married Thomas duke of Norfolk. At her 
decease, in 1754, the Sherburne estates passed to the heirs of her aunt, 
Elizabeth Sherburne, who married Mr. William Weld, of Lullworth; and 
Stonyhurst, the magnificent seat of the Sherburnes, in 1794, became the 
noble refuge of a Society of English catholics expelled by the French revo- 
lutionists from Liege. 

t Diary, v. vi., p. 446. The marriage was celebrated on Monday, 9th 
May, 1709.— Ibid., p. 439. 

$ In 1734 the duchess dowager re-married with Peregrine Widdrington, 
esq., brother of the lord Widdrington, both of whom had been active in the 
cause of the Chevalier in years agone; and becoming again a widow in 
1748, herself deceased September 24th, 1754. 

% Thoughts, Essays and Maxims. By Charles Howard of Greystoke, 
esq., 1768. 



280 THE HOWARD PAPERS. 

there were extenuating circumstances for most of them, if 
it had been current among the party that treason to the 
nation in favor of "hereditary right" and the "divine law 
of primogeniture " lurked even in the bosom of the throne, 
with an authority and example that understood the succes- 
sion only as an inheritance or the result of family arrange- 
ment. 

" It is now past doubt," observes Mr. Charles Howard, 
" that queen Anne had a very serious intention of having 
her brother upon the throne of England after her death ;* 
and several circumstances, as well as the time of the land- 
ing of the duke of Marlborough in England,*^ make many 

* " Whatever there was of truth," wrote the earl of Mar, " in the Cheva- 
lier's sister's inclination towards him, whilst she was in possession of his 
throne, what I am well assured of is, that he was at last so little satisfied 
with what was said to him from thence, that he was fully resolved, whilst 
she was yet alive, to have gone into Scotland, and had prepared a declara- 
tion or manifesto to have been there published on his arrival. How he 
was hindered from putting this design in execution by some real friends 
that were themselves imposed upon by other pretended friends, who were 
at the bottom real enemies, is a mystery which time may discover," — The 
Earl of Mar's Journal. Perhaps no one better than the earl himself could 
at any time have discovered the mystery. 

t After the treaty of Utrecht, when the duke fell into disgrace and was 
removed from the command of the army and other public employments, he 
found it convenient to retire into Fraucej " so many arts having been used 
to render him obnoxious, and to involve him in anything that looked like a 
design against the government." The duke embarked at Dover, on Sunday, 
November 30th, 1712; and " it was confidently reported that his Grace was 
denied the favor of paying his personal duty to the queen before he left 
England." — Annals of Q. Anne. Her majesty died at Kensington on the 
morning of Sunday, the 1st August, 1714, and the duke of Marlborough 
landed in England on the same or the following day, — too late, in every 
sense, for the interest of the queen's design. But her majesty's " very 
serious intention," or her favor to the cause of the revolt, seems to be con- 
firmed by a statement of the rev. Robert Patten, chaplain to the rebel 
General; who observes, that " whatever pretences the party had made to 
cover their secret practices, and whatever measures they had taken to carry 

on their designs ,, . . Heaven disappointed all their clandestine 

arrangements, by the sudden and unexpected death of the queen, and es- 
pecially of the late king of France, on whose open and avowed engagements 



THE HOWARD PAPERS. 281 

people believe he was gained over by the Stuart party ; 
and if the duke of Berwick* was directly or indirectly the 
means of gaining over his uncle to that interest, he more 
effectually served it than that rash mock army of unhappy 
gentlemen who were taken prisoners at Preston, had it in 
their power to do."f But inasmuch as the expected sup- 
port of the duke was not verified by the event, the unhappy 
gentlemen pledged to the cause had the melancholy excuse 
of having been deceived; as some of them declared they 
had been ; J and not only so, but they had also the honor 

of support they entirely depended." — Personal Narrative. It was not, 
therefore, without a knowledge of the undercurrent of public affairs, that 

the poet wrote : — 

To save her country twice she try'd; 
First she fought, and then she died. 

If it had been part of the queen's design that Marlborough should secure 
the interest of the army in the cause of her proposed successor, it was per- 
haps an item of the plot, that Capt. John Hunter, of North Tyne, co. 
Northumberland, who commanded the third troop of the English rebel 
force, held a commission from her majesty, — granted to him towards the 
latter end of her reign, — to raise an independent company. The first use 
he made of his commission was to enlist men for the purpose of the rebel- 
lion. — Ibid. 

* Ilenry Fitz-James, duke of Berwick, was a natural son of James duke 
of York, (afterwards James the Second) by Arabella Churchill, one of the 
Maids of Honor to the duchess, and sister of John Churchill, afterwards 
duke of Marlborough. On the abdication of the king, his father, the duke 
retired with him to France, entered the French service, and attained the 
rank of Marshal of France. From the Journal of the earl of Mar, it appears 
the duke was expected to take the command in Scotland in 1715 : his son, 
the earl of Tinmouth, did attend the chevalier in his brief campaign; and 
made his escape to France some time after his chief had effected a safe 
retreat. The duke lost his life in the French service, by a cannon shot, 
before Phillipsburg, in the year 1734. 

t Thoughts, Essays and Maxims; by Charles Howard of Greystoke, esq. 
1768. 

% Perhaps all were deceived; for " From the time the earl of Mar set up 
the Chevalier's standard to this day," wrote the earl from Paris, when all 
was over, " we never received from abroad the least supply of arms and 
ammunition of any kind; though it was notorious in itself, and well known, 
both to friends and enemies, that this was what from the beginning we 
mainly wanted." — Earl of Mar's Journal. 



282 THE HOWARD PAPERS. 

of having been true to their engagement, howsoever unwise 
and rash it may subsequently have appeared, and in the 
sequel proved ; indeed, it is admitted by a participator in 
the events, that the secret plot having failed, and king 
George peaceably established on the throne, the Stuart 
party " had then no way left but to fly to the last resort of 
desperate men, and, taking arms, break out in open rebel- 
lion."* 

How far the ducal Howards, as leading members of the 
popish party, and unquestionably deeply implicated in the 
cause of their " legitimate sovereign," may, at this time 
have escaped suspicion, it does not appear that they had 
been objects of any active solicitude, or of those precau- 
tionary measures of restraint in other cases adopted by the 
government; nevertheless, the heir presumptive of that 
noble house was undeniably " out " with the rebel forces, 
and was one of the unfortunate gentlemen of England who 
surrendered at discretion to the government General sent 
to suppress the insurrection. 

Reviewing the course of these sad events, " the grand 
design," observes a writer before quoted, " having been 
laid in London, where the measures were principally con- 
certed some time before the insurrection actually broke 
out, the Pretender was first proclaimed, and his standard 
set up by the earl of Mar,f at the small market town of 
Kirk-Michsel, in Perthshire, on the 9th September, 1715. 

The first step towards the gentlemen of the English 
border appearing in arms, was towards the end of the same 
month, when the earl of Derwentwater J received intimation 

* Patten, Personal Narrative. 

t If any one of the parties concerned in the rebellion earned for himself 
the title of traitor, it was the earl of Mar ; who (having been Secretary of 
State for Scotland to the deceased queen) not only signed the document 
issued by the Privy Council, proclaiming the accession of George the First 
to the Throne; but afterwards wrote a letter to his majesty full of devotion 
to his service and zeal for the interest of his throne. 

X Although the earl of Derwentwater appeared in arms and surrendered 



THE HOWARD PAPERS. 283 

that a warrant had been issued by the Secretary of State 
for his apprehension, and that messengers had actually 
arrived at Durham for that purpose. A meeting of the 
parties concerned in Northumberland thereupon took place; 
when, consulting all the circumstances of their friends, and 
the interest they had embarked in ; since there was no 
longer any safety in shifting from place to place ; that in a 
few days they would probably all be secured in several 
prisons, and be separately examined, so that no one could 
say what the other should answer; and in the fear of 
betraying one another, they might really be brought to do 
so, it was resolved, that they should immediately appear 
in arms. 

On the morning of the 6th October, they met accordingly 
at the appointed rendezvous, — a place called Greene-rig ; 
in number about twenty. As a measure of precaution on 
the part of the government (under a general order in 
Council), the earl of Derwentwater's horses had been seized 
several weeks before, and were then in the custody of a 
neighbouring Justice of the peace; but it does not appear 
that there was any difficulty in recovering possession of 
them when they were required ; # and the earl joined the 

with his friends, he was rather the nominal than the actual leader of the 
revolt : and beyond local interest, and the tradition of his house, the influ- 
ence of his name, and the ruin of himself and family, may perhaps be re- 
ferred to his connection in blood with the proscribed royal family; with 
whom he was known to have kept up a friendly correspondence, — suspicious 
if innocent; though doubtless he was guilty of good will to their cause; 
and was driven by force of circumstances into rebellion in aid of their right. 
To the charge of treason, the earl pleaded guilty ; and on the scaffold, said : 
" I never owed any other but king James the Third for my rightful and 
lawful sovereign ; him I had an inclination to serve from my infancy, and 
was moved thereto by a natural love I had for Ms person" 

Sir Francis Ratcliffe of Dilston, co. Northumberland, was indebted to 
James the Second for his advancement to the peerage; and his unfortunate 
grandson, James, third earl of Derwentwater, who closed the line of peers 
by a traitor's fate, was eldest son of Francis, second earl, and Mary Tudor, 
natural daughter of Charles the Second by Mrs. Mary Davis. 

* The Justice was Mr. Coatsforth, reputed "a most rigid whig;" and the 



284 THE HOWARD PAPERS. 

assembly at the appointed time from his seat at Dilston,* 
with some friends, and his servants mounted on his coach 
horses, ail well armed. In passing through Corbridge, the 
party drew their swords, 4 and this appears to have been the 
first public demonstration of a warlike design. At Beau- 
front, the seat of Sir Thomas Errington,f himself and friends 
joined the cavalcade; and the total number attending the 
first council of war, held on the top of a hill at the Water- 
falls, amounted to about sixty horse, mostly gentlemen and 
their attendants. 

From the Waterfalls they marched to a place called 
Plainfield, on the river Coquet, where they were joined by 
others, and halted for the night at the small market town 
of Hothbury. On the next day, the 7th October, their 
number still increasing, they rode on to Warkworth, a 
market town on the sea coast; and on Sunday, the 9th 

earl being asked how the obtained his horses from such stout possession ; 
replied with "a saying of Oliver Cromwell's, 'That he could gain his ends 
in any place with an ass-load of gold.' " — Patten. 

* On the east side of the " Devilswater," which makes its way to the 
Tyne, at the foot of the Cross-fells, adjacent to the old tower of Develistone, 
the stronghold of a family of that name long extinct, in the year 1616, 
Francis Ratcliffe, esq. erected Dilston (or De'ilston) Hall. In 1652, Sir 
Francis Ratcliffe (advanced to a baronetcy), for services rendered to his 
king was declared a delinquent, whose estates were forfeited, and directed 
to be sold by act of the Commonwealth (Scobell). But a more signal ruin 
attended the attachment of his noble descendant to the cause of the fallen 
Stuarts; and the old tower of Develistone has survived the modern Hall; 
of which alone remains the little chapel, covering the graves of the human 
ruins of his house. 

t The Heryngtons of Beaufront Tower belong to the early history of the 
county of Northumberland. In the contest between the first Charles and 
his parliament, the Erringtons rallied for the king. Three of them, 
Nicholas Errington of Pont Island, Lancelot Errington of East Denton, 
and Henry Errington of Beaufront, being delinquents included in the statute 
of 1652, whose estates were to be sold (Scobell). In reviewing the history 
of the rebellion of 1715, few circumstances are more remarkable than to 
find members of the same northern families, which had been so great suf- 
ferers for their loyalty little more than half a century before, again in arms 
for the desperate cause of the same royal house. 



THE HOWARD PAPERS, 285 

October, their chaplain, Mr. Buxton, celebrated divine 
service in the parish church, offering up prayers for the 
" Pretender, as king, and in the Litany for Mary, queen 
mother, and all the dutiful branches of the royal family ;" 
the sermon, full of exhortations to be hearty and zealous in 
the cause, giving mighty satisfaction to the congregation. 
Mr. Forster,* who now stiled himself General, in disguise, 
then proclaimed the Pretender king of Great Britain, to 
the sound of trumpet, and with all the formality that cir- 
cumstances would admit. This was the first place on the 
English side of the border where the Pretender was so 
avowedly prayed for, and proclaimed king of these realms. 

On Monday, the 10th October, the party marched to 
Morpeth, where they mustered " three hundred strong, all 
horse ; for they would not entertain any foot, else their 
number would have been very large ; but as they neither 
had nor could procure arms for all their mounted attendants, 
they gave the common people good words, and assurances 
that they would soon be provided with arms and ammuni- 
tion. This assurance was built on the hope of surprising 
Newcastle ; and the failure to secure the interest of that 
town was the first disappointment; as the miscarriage, 
about the same time, of two vessels that appeared off the 
coast with arms and officers, proved the second, and perhaps 
a difficulty irretrievable. 

Disappointed of Newcastle, the heterogeneous cavalcade 
turned aside to Hexham, where the first intelligence was 
received of General Carpenter with the king's troops being 

* Mr. Thomas Forster, jun. of Etherston, a protestant, and member of 
parliament for the county of Northumberland. Mr. Forster had taken 
refuge at the house of Mr. Fenwick, of By well, when a government mes- 
senger, with a warrant for his apprehension, arrived in the neighbourhood, 
and sought the assistance of a constable. The delay, and immediate infor- 
mation, gave a lead in the chase of half an hour to the refugee; who, with 
his followers, arrived first at the rendezvous ; and the messenger did not 
overtake the General until they met at Barnet, — the latter pinioned and led 
by a trooper, on his way to London, a prisoner. — Patten. 

T 



286 



THE HOWARD PAPERS. 



in the neighbourhood, and preparing to attack them. At 
the same moment news arrived of a Scottish force having 
entered the county in their cause ; whereupon, accepting 
an invitation to join it, on Wednesday, the 19th October, 
the English gentlemen made a forced march through 
Rothbury, and meeting the viscount Kenmure,* with two 
hundred mounted followers, they joined his flag ;+ and the 
next day entered Wooler ; whence, crossing the Tweed, they 
proceeded to Kelso to unite with a Highland force com- 
manded by the earl of Wintoun,J advancing from Dunse. 

* William Gordon, viscount Kenmure, "a grave full-aged gentleman, of 
considerable knowledge and political experience, but a stranger to military- 
affairs," was son of Alexander, fifth viscount Kenmure, who followed king 
James into exile, and died at St. Germains, in 1696. William Gordon 
married Mary Dalziel, sister of Robert earl of Carnwath, who commanded 
the fourth Scottish troop in the same ill-fated enterprise, and was attainted 
for his share in the rebellion. The viscount Kenmure, who had the com- 
mand in Scotland of the detached force designed to cross the border, " a 
post for which he was wholly unqualified by his singular good temper and 
the mildness of his disposition," was Colonel of the first troop (gentlemen 
volunteers), the command of which he deputed to the hon. Basil Hamilton 
of Beldoun, nephew of the duke of Hamilton, a young gentleman who dis- 
played much bravery when the time arrived. 

The viscount Kenmure (who was attended to the scaffold by his youthful 
heir) suffered with the earl of Derwentwater, on Tower-hill, February 24th, 
1716; and met his fate with great firmness. His lady, who survived him 
upwards of sixty years, immediately after her husband's decapitation, has- 
tened alone into Scotland, in time to secure the family papers. With the 
assistance of friends she purchased the estate when offered for sale; and by 
her excellent management was enabled to present it to her son unencum- 
bered, on his coming of age. This estimable lady survived till the year 1 776. 

t This celebrated banner, reputed the handy work of the viscountess 
Kenmure, was of blue silk, with the arms of Scotland embroidered in gold ; 
on the reverse side, a thistle, with the Scottish motto, Nemo me impune 
lacessit ; and beneath, the words " No union." Two pendants of white 
ribbon bore inscriptions; one, "For our wronged King and oppressed 
Country ;" the other, " For our Lives and Liberties." 

J George Seton was " a young gentleman in his 25th year, a zealous pro- 
testant, but subject to a foolish caprice natural to his family," observes a 
contemporary, when, in the year 1703, he abandoned the life of a wanderer 
and returned to Scotland to succeed his father in the earldom of Wintoun, 
and an estate which, when forfeited, was found to produce £3393 per 



THE HOWARD PAPERS. 



287 



At Kelso, where they arrived on Saturday, the 2nd 
October, the demonstration was great : the Pretender was 
proclaimed in the market place, with colours flying, drums 
beating, trumpets and bagpipes braying out in triumph 
of the valiant pledge to maintain the cause espoused ; 
after which, amid loud acclamations, of the people, was 
read the " Manifesto of the noblemen, gentlemen, and others, 
who dutifully appear at this time in asserting the undoubted 
right of their lawful sovereign, James the Eighth, by the 
grace of God, king of Scotland, England, France and 
Ireland, defender of the Faith, Sec. ; and for relieving this 
his ancient kingdom from the oppressions and grievances it 
lies under."* 

It was this manifesto of the earl of Mar, eminently 
Scottish in its grievances and its heraldry, that the gentle- 
men of the English border, with very questionable taste, 
had marched to Kelso to hear read to them, and subscribe 
to ; but mutual forbearance was necessary to cement ma- 
terials so incongruous ; and on Sunday, the 23rd October, 
Mr. Patten was directed by the lord Kenmure to preach at 
the great kirk of Kelso, in place of the Episcopal Meeting 
House ; where all the lords that were protestants, with a 
vast number of papists, attended to grace the cause, " ap- 
proving very well our liturgy;" while the common High- 
landers " answered the responses according to the rubric, 
to the shame of many that had pretensions to more polite 

annum. The earl of Wintoun displayed much courage, and a far seeing 
capacity for military tactics; so that had his advice been followed, the 
struggle probably had been long, if not the event doubtful, for the throne. 
The earl of Wintoun died at Rome, unmarried, in 1749, aged upwards of 
seventy years; and with him ended the old house of Seton, of noble standing 
in north Britain for upwards of six centuries. 

* " The traiterous and foolish manifesto of the Scots rebels " was " ex- 
amined and exposed paragraph by paragraph," in a publication of the same 
year. London, 8vo., 1715. The grievances of the people, as expressed by 
their cries, after hearing it read, at Kelso, were " No Union! No Malt! 
No Salt-Tax !"— Patten. 

t2 



288 THE HOWARD PAPERS. 

breeding." The sermon preached by Mr. Patten, from 
JDeut. xxi., 17, the latter part of the verse, The right of 
the first born is his ; gave great satisfaction, and furnished 
the only bond of union in the assembly. It must, indeed, 
have been deemed a righteous cause to produce unanimity 
so remarkable in elements so conflicting. 

Nevertheless, councils were divided, and a delay of five 
days in determining future proceedings, gave time for the 
government General to concentrate his small force, and to 
rest his troops, which had arrived by hasty marches from 
London. The earl of Wintoun and the Highlanders en- 
tertained forebodings of destruction, and objected to cross 
the border ; while the English gentlemen naturally had 
their hopes in their own counties. Ultimately the counsels 
of the latter unfortunately prevailed ; and five troops of 
Scottish horse, six regiments of foot, besides gentlemen 
volunteers, consented to join the five troops of English 
borderers # and cross the Tweed ; numbering in the whole 
about one thousand four hundred men. 

General Carpenter, with about five hundred men, had 
halted at Wooler, in order to the attack on Kelso the next 
day, when the council of war of the rebel commander (con- 
trary to the advice of the earl of Wintoun) determined to 
avoid battle : and on Thursday, the 27th October, diverging 
to the right, the united force, under the command of the 
viscount Kenmure, took the road by Jedburgh and Ha- 
wick to Langholme by hasty marches, in order to outstrip 
the king's troops in a race for England. Here they spiked 
and left behind some small pieces of cannon brought from 
Kelso, — hastening on to Langtoun, within seven miles of 

* These were composed as follow : Troop 1 , the earl of Derwentwater's, 
commanded by his brother, Charles Ratcliffe, esq., and Capt. John Shaftoe. 
Troop 2, Lord Widdrington's, commanded by Mr. Thomas Errington, of 
Beaufront. Troop 3, commanded by Capt. John Hunter, of North Tyne, 
co. Northumberland. Troop 4, commanded by Robert Douglas, brother to 
the laird of Finland, in Scotland. Troop 5, commanded by Capt. Nicholas 
Wogan, an Irishman, of Welch descent. 



THE HOWARD PAPERS. 289 

Carlisle; and the next day, after a fatiguing march of 
upwards of one hundred miles in five days, over a rough 
country, halted at Brampton, a small market town, the 
second within the English border; where the Pretender 
was proclaimed, the public money taken up; and Mr. 
Forster, superseding lord Kenmure, opened his commission 
to act as General in England. # 

One night's rest to refresh the men, and the sight of 
English soil, gave satisfaction to one portion of the force; 
but the Highlanders, who still entertained presentiments of 
evil, it was found necessary, from this time, to give six- 
pence per day per man, in order to keep them in good 
order and under command. They proved, indeed, a very 
essential part of the force; for, from the time they joined, 
they always had the guard and the post of danger. 

On the following day the force advanced towards Pen- 
rith, where it had been represented that the gentlemen of 
the adjoining counties, with their attendants, to the num- 
ber of twenty thousand men, would rally to the Jacobite 
standard ; but disappointment supplanted hope and expec- 
tation: Mr. Dacre, of Abbey Lanercost/f who had promised 

* This appears to have been a commission from the earl of Mar; lord 
Kenmure, who had the command in Scotland, being now named "Brigadier 
of the Horse." Notwithstanding that the papists were the mainstay of the 
cause, a protestant leader, although not a military man, was considered 
necessary to conciliate and give confidence to that section of its adherents. 
" If the command," observes Mr. Patten, " had been given to either of the 
two lords, their character, as papists, would have discouraged many of 
the people, and been improved against the design in general.'" 

t Descended, with a bend sinister, from the " Dacres of the North." 
Mr. Thomas Dacre obtained from king Henry VIII. a grant of the dissolved 
priory of Lanercost for an augmentation; was knighted fur his services or 
his possessions; and founded a family, which terminated in the male line in 
the person of James Dacre, esq., the sound papist, but faint rebel, who dis- 
appointed his friends on the occasion mentioned. He did not long survive; 
and having no issue, left his estate to a nephew, son of his half sister, 
Dorothy, who took the name of Dacre : but it was decided that, in the 
terms of the grant, the Abbey lands, for want of male heirs, reverted to the 
Crown; and they were granted by a lease to the protestant earl of Carlisle. 



290 THE HOWARD PAPERS, 

to join with forty men, "was taken with a fortunate fever, 
that hindered him of his design, and saved his family from 
ruin •"' and Mr. Henry Curwen, of Workington Hall, of an 
ancient family and plentiful estate in the county, taken 
with a prudence less equivocal, "secured himself " from 
his friends in the castle of Carlisle ; while Mr. Warwick of 
Warwick Hall,* " a papist, converted to that church some 
years ago;" Mr. Howard of Corby Castle,f Mr. James 
Graham of Inchbracho,;}; a Scottish gentleman related to 
the lord Nairn e ;§ with all the other papists on that side of 
the country, by the foresight of the sherifT,|| had been 
timely secured in the same fortress. To these discourage- 
ments was superadded the report, that the active sheriff 

* Of a very old family in the county. Mr. John Warwick of Warwick 
Hall, married Mary, daughter of Francis Howard of Corby. He died in 
1720. His son, Francis Warwick, of Warwick Hall, married a daughter of 
Thomas Howard, of Corby, and was the last of his family. 

t Thomas Howard of Corby, esq., in 1705, married Barbara, one of the 
sisters of Henry viscount Lonsdale; by whom he had a daughter, Jane, 
wife of Francis Warwick of Warwick Hall, esq. He died in 1740. 

J By Mr. Patten's description, the suspected rebel was Mr. Patrick 
Graham, the younger, of Inchbracho, who, in 1691, having slain the son of 
the lord Rollo, was brought to trial, five years later, for the offence, and 
" fugitated for the murder of umquhile John master of Rollo." — Douglas, 
Peerage of Scotland, v. ii., p. 398. 

§ Lord William Murray, brother of John, duke of Athol, married Margaret, 
heiress of Robert, first lord Nairne, by Margaret, daughter of Patrick Gra- 
ham of Inchbracho, and became second baron Nairne, jure uxoris. Lord 
Nairne commanded a regiment of his own men, and gave signal proofs of 
his bravery. He surrendered at Preston ; pleaded guilty on his trial with 
the other rebel lords, and was sentenced to die; but obtained a pardon, 
though his title became forfeited. His eldest son (the Master of Nairne), 
taken prisoner at the same time, was also spared, — to take part in the rising 
of 1745; and a younger son, Robert, was slain in the same cause, on the 
field of Culloden. 

|| Humphrey Senhouse of Netherhall, esq., Justice of the Peace for the 
county. His monument in Crosby church records his attachment to the 
church of England and the House of Brunswick, in the extraordinary cir- 
cumstances that occurred in the year of his shrievalty. — Hutchinson, Hist. 
Cumb., v, ii., p. 269, 



THE HOWARD PAPERS. 



291 



had raised the county; and that the viscount Lonsdale and 
the bishop of Carlisle,* with the posse comitatus, to the 
number of fourteen thousand men, had resolved to stand 
and oppose the rebels penetrating further into England. 
The first part of the report, observes Mr. Patten, proved 
true enough ; the posse had been drawn together, nor was 
the number much less than stated ; but they gave the rebel 
army little trouble; for on the advanced guard emerging 
from a wood-side lane, and forming on the open ground, 
the ill-armed and undisciplined rabble broke up their en- 
campment in the utmost confusion, each one shifting for 
himself as best he could. Some horses and a great quan- 
tity of arms became the easy spoil of the invaders ; and 
the viscount Lonsdale that night retired to Appleby Castle, 
ten miles distant from the rebel quarters. In the language 
of a celebrated " waterfly " of the Court of Denmark: 
" This young nobleman was reported," observes Mr. Patten, 
" to have been endowed with very valuable and endearing 
accomplishments, and no small share of courage; — though 
some were pleased to reflect on his retreat from Penrith. "f 
On the 3rd November the rebel forces entered Appleby, 
where the parson and his curate did not scruple to grace 
the assembly at church, and join in the prayers for the 

* William Nicholson, translated to Derry, in Ireland, 1718. Mr. Patten, 
formerly curate of the parish, and acquainted with the country, was sent 
forward with a party of horse to intercept the bishop in his retreat to Rose 
Castle. He describes the right reverend diocesan to have been not only a 
man of learning, but " of courage, and a brave soul;" so that "had a con- 
test ensued, it was not doubted he would have been found in the hottest 
part of the dispute." 

t Personal Narrative. Henry Lowther, third viscount Lonsdale, was a 
very young man, when loyal enthusiasm rather than prudence, induced him 
to place himself at the head of so large a body of men, wholly deficient of 
organization to withstand any shock of disciplined battle. Richard, second 
viscount Lonsdale, died of small pox, at the age of twenty-one, in the year 
1713, and was succeeded by his brother, Henry, above mentioned. He 
died, unmarried, in 1751, when the title of baron Lowther and viscount 
Lonsdale became extinct. 



292 THE HOWARD PAPERS. 

Pretender ; which encouraged the Highlanders to believe 
the high church party were entirely in their interest, and 
would join them in a little time ; though, instead of in- 
creasing, their number daily diminished by the defection 
of many who were ill-satisfied with the prospect before 
them. On the 5th November they entered Kendal; and on 
the following day, Sunday, made a short march to Kirby 
Lonsdale, where the Pretender was proclaimed as usual, 
and service performed in the church ; though the parson of 
the parish avoided the duty by absconding. Accompany- 
ing the force was " one Mr. Gwin, who went into the 
churches on the way, and scratching out the name of his 
majesty king George, replaced it with that of the Pretender 
so nearly in resemblance of the print, that the alteration 
could scarcely be perceived." 

In their progress thus far, through two populous coun- 
ties, two gentlemen were all who joined the rebel forces; 
and they quitted Westmoreland not without feelings of 
disappointment. On the 7th November they entered Lan- 
caster, where some new arms were found at the CustOm- 
House; together with some claret and a good quantity of 
brandy, which was all " given to the Highlanders to oblige 
them." Here also they took up the public money; and 
six pieces of cannon which fell into their hands were 
mounted on new carriages, Sir Henry Hoghton's coaches 
being dismounted for the wheels. Colonel Charteris # and 

* Francis Charteris, esq., " of infamous memory," who had recently pur- 
chased the castle and honor of Hornby. The same night a party of horse, 
under the command of Colonel Oxburgh, was detached to wait upon Colonel 
Charteris at Hornby Hall, a few miles distant ; but not finding the gallant 
gentleman at home, they refreshed themselves with "a few bottles of wine 
and strong beer; and demanded of one who had the charge of the house, 
how much he did insist on for what the men and horses had consumed : 
the man brought in a bill of £3 6s. 8d., for which Colonel Oxburgh gave 
his note, payable urtien his majesty's concerns were settled." — Patten. This 
little incident was mentioned in answer to complaints made by the gallant 
Colonel, of the great losses he had sustained for his king and country "in 
order to ingratiate himself with the government,"— Ibid. 



THE HOWARD PAPERS. 293 

another officer, who was then in the town, proposed — not 
to make a stand against the enemy, but — to blow up the 
bridge at the entrance : the towns-people, however, dissented 
from the military policy as a wanton destruction; seeing 
that it would in nowise create an effectual obstruction, as 
the river was fordable for horse and foot at low water, and 
boats were to be had. These two gentlemen, therefore, 
limited their tactics to collecting the gunpowder in the 
hands of merchants, that might have been useful for fight- 
ing, and placing it in the draw-well in the market place. 
Nevertheless, this place, observes Mr. Patten, if the rebels 
had thought fit to have- held it, might easily have been 
made strong enough for a good defence ; but a fatality 
had attended all their councils, and infatuation now took 
the lead of better judgment, misguided probably by in- 
telligence that the Pretender had been proclaimed at 
Manchester, where the inhabitants had provided arms for 
fifty men at their sole charge, besides other volunteers. 
To this favorable news it must be added, that they were 
here joined by a good many of the neighbouring gentry; 
though, to the dismay of the Scottish portion of the force, 
they were mostly papists. # However, the accession of 
numbers animated the Highlanders, who had frequently 
prognosticated that they would soon be surrounded with an 
overwhelming force of the enemy; and, seeing that they 
had now advanced too far to retrace their steps, they 

* An exception occurs in the case of Mr. Muncaster, a gentleman "of 
very good sense and natural parts, brought up an attorney." He joined 
the rebel force at Garstang; was taken prisoner at Preston, and hanged. 
He died, says Mr. Patten, " very penitent, and acknowledged king George 
for his only lawful sovereign," His dying speech will be found in the 
Polit. State of Great Brit., v. xii., p, 171. If such had been his sentiments, 
having nothing in common with the papists, why, it might be asked, as a 
man of sense, was he found in the army of the Pretender? The reply will 
shew how opposite were the views of men, who supposed themselves united 
in a common and a desperate cause. " The blazed rumour," adds Patten, 
" of the church being in danger, hastened him to the fatal tree." 



294 THE HOWARD PAPERS. 

plucked up their hearts at the flickering prospect before 
them, gave three cheers, and marched onward— to destruc- 
tion : Sir Henry Hoghton, # with six hundred militia, re- 
tiring before them. 

Having now received what addition of force they could 
expect in that part of the country, they proceeded towards 
Preston, designing to possess themselves of Warrington 
bridge, and the town of Manchester where their hopes 
greatly lay ; and by that means made no doubt of securing 
the important town of Liverpool. With that design the 
regiments of horse were pushed forward, and reached 
Preston the same night, November the 9th ; two troops of 
Stanhope's dragoons quartered there, retiring at their ap- 
proach. This encouraged the rebels exceedingly; inducing 
them to believe the king's forces would not look them in 
the face. The day proving rainy and the ways deep, the 
foot had halted at Garstang ; but coming up next morning, 
Thursday, the 10th November, they were marched directly 
to the market place; where, at the Cross, the Pretender was 
proclaimed with the usual ceremonies. Here they were 
joined by many gentlemen, with their tenants and servants, 
— some of very good figure in the county; but still all 
papists. f It was once resolved to march out of Preston 
the following day; but that order was countermanded, and 
the next day, Saturday, appointed for the advance. Fatal 
delay ! 

Sed fugit interea, fugit irreparabile tempus ! 

On Saturday morning, the 12th November, when the force 

* Of Hoghton Tower, and Walton Hall, bart. ; for many years member 
of parliament for Preston, and an active magistrate for the county. He 
died in 1768, at the age of 89 years. 

t Among them was Francis Anderton of Lostock, esq., who is reported 
to have said that he lost a good estate, of two thousand pounds a year, for 
being with the rebels one day. On his trial, being indicted as a baronet, 
he pleaded a misnomer, his elder brother, Sir Lawrence Anderton, being a 
Romish priest, living abroad. He was found guilty and received sentence; 
but his life was spared. 



THE HOWARD PAPERS. 295 

was in full preparation to march on Manchester, General 
Forster was " exceedingly surprised and could scarcely 
credit the report/' that General Willes was advancing from 
Wigan to attack him, and was then near at hand ! Nor 
was the report much sooner received by the rebel com- 
mander than confirmed by himself; for, advancing with a 
party of horse to reconnoitre, he very soon discovered the 
van-guard of the enemy's dragoons. The General surprised? 
" It has often been asked," observes a witness of the scene, 
" how he came to be so utterly void of intelligence at that 
time, as to be ignorant of the approach of the king's forces 
until they came within sight of Preston and were ready to 
fall upon him ? " The reply denotes a fatality it will be 
difficult to surmount. " In all the marches," says the same 
writer, " Mr. Forster spared neither pains nor cost to 
become acquainted with General Carpenter's motions, of 
which he had constant and particular accounts every day, 
sometimes twice a day; but — the Lancashire gentlemen 
gave him such assurances that no force could come nearer 
than forty miles without their being able to inform him of 
it, that — he relied entirely on the intelligence he expected 
from them ! " # 

The alarm being given, a body of one hundred of Macin- 
tosh's Highlanders, under the command of Lieut. Colonel 
John Farquharson, of Invercauld,f marched out to hold 
the Ribble bridge ; a duty which this brave officer would 
have performed at all hazards, had he not been recalled, 
on a determination to confine the resistance to a defence of 

* Patten, Personal Narrative. 
+ After his humble service to Brigadier Metosh, lord Nairne, lord Charles 
Murray, and Metosh; not forgetting KinacMn; " I hope Inercall" wrote 
the earl of Mar to the viscount Kenmure; " and all my men with him, are 

well, and long to be at 'em; all success attend you, and may 

we soon have a merry meeting From the Camp, at Perth, October 

21, 1715." The letter came to hand at Brampton, the 1st November. 
Twelve days later, on the 13th, the "merry meetings," both at Preston and 
SherifT-Muir, were decisive. 



296 THE HOWARD PAPERS. 

the town itself. Thus a most commanding position, which 
had proved a stout obstacle and nearly fatal to Cromwell 
and his forces lang syne, — where a formidable resistance 
might easily have been made, — was abandoned for the 
futile attempt to defend an open town ! With this object, 
however, barricades were thrown up in the streets, and the 
force was divided into small parties to defend the lane-ends. 
The gentlemen- volunteers, under the command of the earls 
of Derwentwater, Wintoun, Nithsdale, and the viscount 
Kenmure, were drawn up in the Church-yard, an elevated 
position in the High-street. One of the barricades was 
formed a little below the church, defended by brigadier 
Macintosh* and a strong party of his brave Scottish clans- 
men ; the gentlemen in the church-yard being the reserve 
in support. 

A second barrier, at the end of a lane leading to the 
fields, was defended by a Scottish regiment under the com- 
mand of lord Charles Murray .f The third barricade, called 
the windmill, was defended by Col. Macintosh ;J and the, 
fourth, in the street leading towards Liverpool, was under 
the command of Major Miller and Capt. Douglas. § Be- 

* William Macintosh, chief of the Clan, descended from the old Thanes 
of Fife. The laird of Macintosh entered Kelso at the head of a battalion of 
six hundred and fifty men (thirteen companies of fifty men in each), 
inarching under the heraldic chat firoce, with the motto, Touch not the 
cat loithout your gloves. A great number of the clansmen, however, refused 
to cross the border, and left their chief at Langholme. 

t A younger son of John duke of Athol. He commanded the fifth 
Scottish regiment, with the master of Nairne (lord Nairne's son) for his 
Lieutenant Colonel. He was tried at Preston, as a deserter, holding his 
majesty's commission ; and sentenced to be shot. But his life was spared 
on account of his youth and the services of his father. An elder brother, 
William marquess of Tullibardine, was attainted for the same rebellion. 

X John Macintosh, brother of the Brigadier, in command of the sixth 
Scottish regiment. " He is," says Mr. Patten, "a handsome brave young 
gentleman, of very considerable interest in his own country." — Pers. Nar. 

§ Officers of the earl of Strathmore's Scottish regiment of foot; a small 
portion of which only crossed the Forth ; the remainder, with the earl and 
his Lieutenant Colonel, Walkinshaw, of Barrowfield, being intercepted by 



THE HOWARD PAPERS. 297 

ween these defences were divided the six pieces of ordnance 
brought from Lancaster ; but they were of little service for 
want of engineers ; and a seaman, who volunteered to work 
those at the first barricade, lacking judgment or flushed 
with ale, levelling one of his pieces to make havoc with 
Preston's foot regiment advancing to the attack, brought 
down the top of a chimney at the first shot ! It was at this 
barrier, below the church, that the king's troops made their 
first attack ; but so fierce was their reception ; so brisk the 
fire from behind the barricade and from the houses on either 
side of the street, that they were forced to retreat. 

The second attack was made on the barrier defended by 
lord Charles Murray; who being much pressed, fifty of the 
gentlemen volunteers from the church-yard, marched down 
to his support ; and in good season ; so that the second 
attack was repulsed with loss. 

The third attack, at the windmill ore the Lancaster road, 
defended by Col. Macintosh and about three hundred men, 
stood firm till night-fall ; and the following day dawned 
w 7 ith the rebels still holding their posts ; although the de- 
fence had not been effectual to prevent some of the soldiers 
of the attacking force from creeping into the town by un- 
defended bye-ways, and possessing themselves of houses in 
the rear of the barricades ; whence an incessant, if not a 
very destructive fire was kept up on both sides. To dis- 
lodge the enemy in the rear, houses and barns were set on 
fire ; and had a wand sprung up, the town would most pro- 
bably have been reduced to ashes. Thus passed the night 
of Saturday, Sunday, and a good part of that night also; 
during which time many were killed and wounded on both 
sides ; the street fighting having extended to the night by 
means of an injudicious order of the government General 
to illuminate the windows of all the houses in possession of 
his men. But the chief object of General Willes evidently 

the king's men of war, and obliged to land on the isle of May. The earl of 
Strathmore was slain at Sheriff-Muir. 



298 THE HOWARD PAPERS. 

had been to keep the rebels in play within the town until 
reinforcements could be obtained effectually to surround it. 
This was accomplished by the arrival of General Carpenter, 
who, by forced marches, reached Clithero on Saturday 
evening, and appeared before Preston between nine and 
ten of the clock on Sunday morning, the 13th November. 
It was then that the besieged heard from the prisoners that 
every disposition had been made to prevent their escape ; 
and that nothing remained for them but to capitulate for 
life. Hitherto the grand outlet by Fishergate-street on the 
Liverpool road had been open for retreat ; but though some 
escaped that way,* the besieged generally " had no such 
good measure in their heads. "f The Highlanders, with 
traditionary valour, proposed to sally out on the king's 
troops, and die like men of honor with swords in their hands; 
but they were over-ruled, and a capitulation was agreed to 
without their consent, " by some in command who nattered 
themselves with obtaining good terms from the kiag's 
General :" that officer, however, declined to treat with 
rebels, and would listen to no other terms than to surrender 
at discretion. " About two of the clock on Sunday, the 
13th," said General Willes, " Mr. Forster sent out one 
Mr. Oxburgh,J an Irishman, offering to lay down their 

* A party of six or seven, above the common sort, who afterwards 
attempted flight, were cut to pieces; and in the pocket of one of them, 
Cornet Shuttleworth, was found the Pretender's standard, of green taffety, 
with a buff coloured silk fringe round it. The device a Pelican feeding her 
young; and this motto: Tantum valet Amor Regis et Patrice. — Compl. 
Hist, of the late Rebellion. 8vo. London, 1716. 

t A popish priest, named Lyttleton, by an Irish hypothesis, made his 
escape by not running away. " Having a good deal of the Jesuit about 
him," says Mr. Patten, " he took care of his own tabernacle by a well 
contrived disguise. Putting on a blue apron, he went behind an apothe- 
cary's counter, and passed himself off as an assistant in compounding the 
drugs." — Personal Narrative. 

X Colonel Henry Oxburgh, of an Irish catholic family of good estate. 
He had held a commission in the army of the late king James; and was 
hanged at Tyburn. 



THE HOWARD PAPERS. 299 

arms and submit themselves, and hoped to be recommended 
to the king's mercy." " I replied," continued the General, 
" that I would not treat with rebels ; that if they laid down 
their arms and submitted prisoners at discretion, I would 
prevent the soldiers cutting them to pieces until I received 
further orders; and that I would give them an hour to con- 
sider of it." But further time being asked for negotiation 
among themselves, in order to reconcile parties within the 
town, the earl of Derwentwater and Col. Macintosh were 
taken as hostages, on the part of their followers, to observe 
the truce ; though the latter declared " that he would not 
answer for the Scots surrendering on the terms offered, for 
they were a people of desperate fortunes ; that he had been 
a soldier himself, and knew what it was to surrender at 
discretion. " # Doubtless the common soldiers saw their 
only resource in their valour and in its result, whatever that 
might be ; and were deceived to the last as to the terms 
agreed on ; for it was represented to them that " General 
Willes had sent to offer honorable terms to them if they 
would lay down their arms ;" yet so averse were they to 
any terms of surrender, that a poor drummer, who had 
come into the town with Colonel Cotton to receive the 
reply of the rebel general, and was sent to beat a chamade 
for a cessation of arms, was shot dead upon his horse while 
beating his drum ; and Mr. Patten observes, that Colonel 
Oxburgh, who pretended acquaintance with some of the 
king's officers, and went out to negotiate the terms, u had 
never seen Tyburn if his design had been known." Indeed 
the General himself, suspected of treason to his followers, 
" would certainly have been cut to pieces had he appeared 
in the streets ; and had actually been killed in his chamber 

* " Go back to your people," said the General to Col. Macintosh, " I 
will attack the town, and I will not spare one man of you." Macintosh 
went back ; but returned with a message that the lord Kenmure and the 
rest of the noblemen, with his brother, would surrender with the English." 
— Evidence of General Willes. The chatfiroce had been trapped. 



300 THE HOWARD PAPERS. 

by Mr. Murray, had not I," says Patten, " struck up the 
pistol with my hand, so that the bullet went through the 
wainscoat into the wall of the room.*'* 

And now, when the hour of battle was over and the 
season for reflection had come, there was time to cast about 
for reasons, to canvass doubts and fears, hopes and expec- 
tations; consequences and their cause. "The Scots gen- 
tlemen and Highlanders," observes Mr. Patten, "expected 
all the high church party to have joined them. But that 
party, with their ' High Church and Ormond,' never right 
hearty in the cause until they are mellow over the bottle, 
can only be depended on at the tavern : a night on the pil- 
low, and the fumes of their valour have evaporated, Per- 
sonal danger is not in their vocabulary, and they hide their 
heads."f Oh ! Mr. Patten, the ghost of "poor Muncas- 

* Personal Narrative. 

t There was little spontaneous combustion, even in Scotland; and it 
may be questioned whether many of the "people were really hearty in the 
cause which was esteemed essentially their own. The earl of Mar had the 
greatest difficulty to rouse his vassals to action, even on their feodal 
allegiance. ■ Jocke," wrote the earl to John Forbes, of Increrat, his bailiff 
of Kildrummy, "Ye was in the right not to come with the 100 men ye sent 
up to night, when I expected four times that number. It is a pretty thing, 
when all the highlands of Scotland are now rising upon their king and coun- 
try's account, that my men should be only refractory. I have used gentle 
means too long, so I shall be forced to put other orders I have in execution. 
Let my tenants in Kildrummy know that if they come not forth with their 
best arms, that I will send a party immediately to burn what they shall 
miss from taking from them. And they may believe this not only a threat, 
but by all that's sacred I'll put it in execution, let my loss be what it will, 
that it may be as an example to others. You may tell the gentlemen that 
I'll expect them in their best accoutrements, on horseback, and no excuse 
to be accepted of. Invercauld, Sept. 9, at night, 1715." 

If the battle of Sheriff Muir was gained by the valour of the king's troops 
under Argyle, it was possibly lost by the failure of the chiefs of clans, who, 
with their followers, attended on the field, in virtue of their feodal obliga- 
tion, but remained inactive in the fight. Of this number, " a noted gentle- 
man in former times for bravery, resolution and courage, one Robert Roy 
Macgregor, alias Campbell, when called upon to assist his friends, replied, 
1 If they cannot conquer without me they shall not do it icith me.' " 



THE HOWARD PAPERS. 301 

ter," hovering round the gallows, swears you to the truth 
of your assertion. An honorable exception ! Calling 
the General to the charge, he adds : " I have heard Mr. 
Forster say, he was blustered into this business by such 
people as these ; but for the time to come he would never 
again believe a drunken Tory." Yet his last hopes were 
in a Tory mob ; for " he told me," adds Patten, " that he 
had assurances from a gentleman at Highgate, that he 
should be rescued :"* but he was again deceived ; and 
though " unexpelled the House of Commons,"f he found 
himself in Newgate, "mortified, and his stomach spoiled, 
when he understood that Gordon, Carr, and DorrelJ had 
been executed the day before ; and that their quarters were 
then in a box just by, ready to be set upon the gates. "§ 

Lord Dervventwater, of a different religious faith, yet 
bore testimony to a similar incitement. Turning to a gen- 
tleman in company, " You see," said he, " what we have 
brought ourselves to by giving credit to our neighbour 

Tories If you outlive misfortune, and return to live 

in the north, I desire you never to be seen to converse with 
such rogues in disguise, that promised to join us, and ani- 
mated us to rise with them." 

" As to matters of conduct," the non-militants, with the 
unhappy results before them, became the critics of the 
fighting men. " Mr. Forster, though he was called General, 
always consulted Colonel Oxburgh, who had obtained great 
reputation abroad ;" but now, when the day was lost, it had 

* Personal Narrative. "Where are all your high church tories?" said 
one of the Highlanders to the country people who came to view the pri- 
soners, as the escort passed over a heath, " If they would not fight with 
us, why do they not come and rescue us?" — Patten. 

t The motion for his expulsion was made the 10th January, when the 
minister announced to the House that the honorable member had been 
committed to Newgate. — Comm. Joum., v. xviii., p. 336. 

t Capt. John Gordon, Capt. William Kerr, and John Dorrel, also a 
military man; all in the army of queen Anne; "Oxford conspirators," 
executed at Tyburn. § Personal Narrative. 

U 



302 



THE HOWARD PAPERS. 



been discovered that he was "better at his beads and prayers, 
than at his business of a soldier ; and more calculated for 
a priest than a field officer." My lord Widdrington, of a 
great historic name, and much esteemed in his neighbour- 
hood ; though never seen at a barricade or at any post of 
danger; handier with the soup-ladle than the sword, # and 
"as unfit for command as the other;" yet he too "had 
great prevalency over the General's easy temper ;" and 
took upon himself to criticise the defence made by others. 
" Brigadier/' said my lord, to the valiant defender of the 
first barricade, " the reason why I did not expose myself as 
I ought to have done, was owing to my indisposition from 
the gout. But you, who was at the head of your men, 
why did you not defend the bridge over Ribble ? 

" My lord, it was not maintainable, because the river 
was fordable in several places. 

" Then why did you not make your barrier at the ex- 
treme end of the town ? 

" My lord, at the extreme end of the town there were so 
many lanes and avenues, that to defend them would have 
required more men than I had. 

"Then why did you not sally out with you men? Or, 
why did you not obey Mr. Forster, who would have had 
the horse to sally out ? 

" My lord, if the foot had sallied out, they would have 
been cut off; and as for obeying Mr. Forster in letting the 
horse sally out, if they had attempted any such thing, they 
must have passed through the fire of my men, who believed 
the horse had a design to make a retreat and leave them 
pent up in the town." Yet, for not obeying this order, the 
General himself had roundly told the Brigadier, " that he 
would have him tried by a court martial if he out-lived the 
service of that day, and if ever his king came." The latter 

* A gentleman of his troop was heard to say, " He was vexed to be 
under the command of an officer who could not travel without strong soup 
in a bottle." — Patten. 



THE HOWARD PAPERS. 



303 



circumstance did not occur ; but both survived the chances 
of the day ; and while the valiant chatferoce held the post 
of danger throughout a winter's night, the General had 
sufficient confidence in the sleepless sentinel to seek his 
own repose. A Scotch prisoner, penning his Journal in the 
Marshalsea, tells, that "At the hottest time of our little 
action — about eleven o'clock of the night of Saturday, when 
the lord Charles Murray was falling short of ammunition, 
Robertson of Guy and another gentleman were sent to the 
General for a recruit. When they obtained access, they 
found him in bed, undressed, with a sack posset and some 
confections beside him !"* 

But amid these scenes of recrimination and imbecility, 
there were philosophers in the camp. " Cousin Jack," said 
Will. Shaftoe of Bavington,f to mad Jack Hall of Otter- 
bourne,;]; " I am thinking on what is told us, l That God 
will visit the sins of the fathers unto the third and fourth 
generation.' I am of opinion it is so with us ; for your 
grandfather and mine got most of their estates as sequestra- 
tors, and now we must lose them again for being rebels. "§ 

At six of the clock on the morning of Monday, the 14th 
November, his majesty's forces marched into the town by 
several ways, with colours flying, drums and trumpets 
sounding, to the market place, where the Highlanders were 
drawn up, and laid down their arms after the lords and 
gentlemen had first surrendered themselves at the Mitre 
Tavern. || The defence, obstinate while it lasted, had not 
personal bravery been an aggravation of their crime, must 

* Polit. State of Great Brit., v. xi., p. 166. 
t Formerly Justice of the Peace for the county of Northumberland. His 
son, and two other relatives of his name were also in the rebellion. Capt. 
Shaftoe was shot at Preston. % He was hanged at Tyburn, 

§ Patten. — Personal Narrative. 
|| For the better preventing escapes, they were ordered to several places 
of confinement, under guard. The lords, in the most commodious houses 
or Inns; the Scots officers and gentry, in three parties, at the Mitre, the 
White Bull, and the Windmill. — Patten. 

u2 



304 THE HOWARD PAPERS, 

have elicited applause.*' The loss on the part of the rebels, 
who were mostly under cover, is represented to have been 
only seventeen killed, and twenty-five wounded. The loss 
to his majesty's forces was estimated to have been upwards 
of two hundred, beside officers ;f indeed General Willes, 
on the trial of the earl of Wintoun, admitted a loss of 
sixty or seventy men killed, and about one hundred and 
thirty wounded. 

The number of English noblemen and gentlemen who 
surrendered to General Willes, was seventy-five, with 
eighty-three servants or followers, and three hundred and 
five private soldiers. The Scots, officers and vassals, num- 
bered one thousand and five. 

This miserable result was the crowning misadventure of 
thirty-nine days open rebellion on the part of a few incap- 
able leaders and their more numerous dupes. The poor 
Highlanders, who fought in clanship for their chiefs and 
sixpence a day, with a valour that coveted and deserved a 
better fate, received little mercy ;$ several officers who 

* A lame man, who had charge of the gunpowder, which he carried un- 
der him from one post to another, was told that they wanted powder at 
Macintosh's barrier; but that if he went he would certainly be shot. He 
replied," I know I cannot avoid that; but if 1 do not take it quite up to 
them, I will take it as far as 1 can." He set forward, and both himself 
and his horse were killed. — Patten. 

t The lord Forrester (who himself received two or three wounds) said, 
sixty or seventy of the regiment he commanded were killed or wounded 
in his attack; about thirty of whom were shot dead on the spot. The 
return shews 31 killed and 82 wounded. Major Preston of the same 
regiment died of his wounds in the hands of the enemy; and considering 
the small force, the casualties among the officers generally were very 
numerous. 

% They were thrust into the church, under guard, where they tore away 
the baize lining of the pews to cover themselves from the extreme inclemency 
of the weather, until such time as they could be drafted to more secure 
confinement; their food being a scanty supply of meal furnished by the 
compulsory contributions of the inhabitants of the town. From Preston 
they were removed to Lancaster, Liverpool and Chester, in order to their 
trials; and such was the severity of their treatment, that forty-three died 



THE HOWARD PAPERS. 305 

held his majesty's commission, had a drum-head trial, and 
were shot on the spot : # stern example was also made at 
the county assizes of many local celebrities, whose names, 
unknown beyond the circle of their own little world, had 
no favorable voice audible at Court ;*j- but the principal 
leaders and the gentlemen volunteers of note were sent pri- 
soners to London. Among the gentlemen of the neigh- 
bouring counties, who accompanied the king's troops to 
display their loyalty, and were at head quarters without 
the town, perhaps to look after the interest of their friends 
within it, was the earl of Carlisle; who, with several others, 
took his hasty departure with General Carpenter, after the 
town had surrendered and the prisoners were secured be- 
yond relief on the spot; though it did subsequently trans- 
pire as a little episode of the trials that followed, that one 
Thomas Walmesley, servant at the Anchor, in Preston, had 
been asked by Howard and Standish, "if he could not 
show them a bye way out of the town ; but he said he could 

in Lancaster Castle. After sufficient example had been made at the assizes, 
they were recommended to "petition his majesty to be transported;" and 
between seven and eight hundred were shipped to " several Colonies in the 
West Indies; but being generally of the common sort, makes it very little 
necessary to mention them further." — A faithful Register nf the late Re- 
bellion. Svo., 1718. When, under the advice of the earl of Wintoun, the 
Highlanders hesitated to cross the border, he had assured them that if 
they went for England, they would all be cut to pieces, or taken and sold 
for slaves; " one -part of which" says Mr. Patten, " has proved too true," 
— Personal Narrative. 

* Four met this fate: Major Nairne; Capt. Lockart, brother to Mr. 
Lockart, of Carnwath; Ensign Erskine; and Capt. Shaftoe. Ensign Dalziel, 
brother of lord Carnwath, was reprieved, on the plea (though it was not 
proved) that he had " given his commission into the hands of a relative " 
before he entered the rebel service. — Patten. The lord Charles Murray was 
also "respited till further orders from above." — Polit. State of Great Brit., 
v. x., p. 593. 

t Forty-seven were hanged; and some heads set up. Gallows-hill marks 
the spot of the executions at Preston ; where, a few years since, some 
trunkless heads were disinterred. The head of Mr. Richard Shuttleworth 
a Roman catholic gentleman of estate in the neighbourhood, "as a warning 
to the town," was placed on the Town-hall. 



306 THE HOWARD PAPERS. 

not, troops being posted everywhere. " # Hence it was, 
perhaps, that Mr. Standish, of Standish (a connection by 
marriage, of the Howard family), and Mr. Edward Howard, 
found themselves in the metropolis with other their com- 
patients in affliction ; and were committed to prison on the 
charge of high treason. 

This was rather the recurrence of an untoward event 
familiar to its annals, than a new phase in the history of 
the Howards ; and might have resulted in consequences 
the most unpleasant, had juries been unanimous,t jailors 
immaculate, or the king merciless. Mr. Howard, after 
examination, was duly committed for trial: on the 11th 
June, 1716, he pleaded " Not guilty " to the indictment ; 
and on the 10th July, took his trial in the Court of Exche- 
quer at Westminster, when the evidence produced not being 
of a character to convict him of the serious crime charged 
to an active extent, he was, by consequence, acquitted. 
Had he been found guilty, it is probable his life would not 

* Walmesley was an evidence for the Crown ; and William Dale, a ser- 
vant of Mr, Towuley, ofTownley, was indicted for a misdemeanor in at- 
tempting to tamper with the witness; and " without saying a word in his 
defence," was found guilty. — Polit. State of Great Brit., v. xii., p. 89. 
The matter is not very clear; and Dale's silence has much the appearance 
of collusive submission to save his friends. 

t On the 13th May, 1716, Richard Townley, of Towuley, was acquitted 
at the Marshalsea, while his servants taken with him in arms, were hanged 
in Lancashire. On the 16th July, Ralph Standish, of Standish, was found 
guilty and condemned to death ; but afterwards " removed to the custody 
of a messenger for a pardon." Charles Widdrington, Thomas Errington, 
and Peregrine Widdrington (aide-de-camp to General Forster), pleaded 
guilty, and were all likewise removed to the custody of messengers " in 
order for a pardon." Edward and James Swinburne (brothers of Sir Wil- 
liam Swinburne, of Capheaton, bart., who died in the custody of a govern- 
ment messenger), stricken with remorse, one of them died in Newgate, and 
the other fell into "a pensive melancholy," from which, however, he 
happily recovered on obtaining his liberation. On the 7th July, Edward 
Tildesley, of the Lodge, a Lancashire papist, was acquitted by a jury at the 
Marshalsea, though it was proved he commanded a troop, and entered 
Preston at the head of it, with his sword drawn. But his sword had a 
silver handle I — Patten. 



THE HOWARD PAPERS. 



307 



have been endangered ; or his escape difficult in the event 
of the king's mercy not being extended to him, — if an 
opinion may be formed from the many who, both before 
and after conviction and receiving sentence of death, effected 
their enlargement by stealth or connivance.* 

Mr. Henry Howard of Corby, however, relates, on the 

* These were numerous. The escape of the earl of Nithsdale from the 
Tower, on the eve of his appointed execution, has been particularly described 
by the elegant pen of his devoted lady, who planned and effected the bold 
design, in a letter to her husband's sister, the countess of Traquair (Trans, 
of the Soc. of Antiq. of Scotland). Mr. Patten adds, that the earl escaped 
in a " woman's cloak and hood, which since are called Nithsrfales." On 
the following day, (Feb. 24th, 1716), the earl of Derweutwater and the lord 
Kenmure underwent their sentence of decapitation on Tower-hill; and on 
the escape of the earl of Nithsdale being reported to the king, his majesty 
quietly replied : " It was the best thing a man in his condition could have 
done." — Polit. State of Great Brit., v. xi., p. 243. A pleasing contrast to 
the personal brutality the king afterwards displayed to the affectionate wife 
who had outwitted him at the game of heads. The countess of Nithsdale 
was too prudent to compromise others by laying stress on the use of her 
purse; but it is not improbable the sword of her fortunate lord was silver 
mounted; for in 1735, there died one " Mr. Adam Mason, worth thirty 
thousand pounds, formerly a warder in the Tower; but turned out of his 
employment with two others, in 1716, after the escape of the rebel lords." 
—Hist. Reg. 

A iew months later, George Seton, earl of Wintoun, also made his escape 
out of the Tower, August 4th, 1716, after sentence of decapitation had been 
passed on him. A wig and some disguise figure in the warder's apology; 
and the earl's ingenuity, by means for which his experience had prepared 
him, is also mentioned. " This nobleman," says Mr. Patten, " who com- 
manded the Highlanders, diverted himself and his company on the march, 
with many pleasant stories of his foreign travels, and his living unknown 
and obscurely with a blacksmith in France, whom he served some years as 
a bellows-blower and under servant, till he received intelligence of the death 
of his father, when he resolved to return home. He was very curious and 
proficient in several handicraft matters, — as witness the nice way he found 
to cut asunder one of the iron bars in his window in the Tower, by an in- 
strument scarcely 'perceptible." — Personal Narrative. 

Among those who escaped from other places of confinement was Capt. 
Hunter, of North Tyne, who commanded the third troop of the English 
rebel force, and at Preston was opposed to the lord Forrester's brigade, 
which suffered so severely. He escaped from Chester Castle, together with 
Capt. Robert Douglas, brother of the laird of Finland. Mr. Roger Salkeld. 



308 THE HOWARD PAPERS. 

authority of Mr. Charles Howard of Greystoke, that the 
unlucky captive was not himself so hopeful ; the secret 

of Whitehill, Cumberland, and Mr. John Talbot, of Cartington, co. 
Northumberland, also escaped from the same place. 

May 4, Brigadier Macintosh, Major John Macintosh, Capt. Charle3 Wogan 
(aide-de-camp to the General), Robert Hepburn, James Talbot, and John 
Tasker, escaped out of Newgate. June 3, Capt. Macintosh and David 
M-Queen, paymaster, escaped out of Newgate. Sept. 16, Ensign Ramsey 
escaped from the same place; and on the same day Mr. Maxwell, related 
to the earl of Nithsdale, escaped out of the Marshalsea. 

Charles Ratcliffe, brother of the earl of Derwentwater, (who commanded 
the earl's troop,) after condemnation, but when, it is said, his life was in no 
clanger, made his escape from Newgate, to meet less merciful treatment in 
after years; for being captured (with a grandson of the lord Nairne) on 
board the JEsperance, on his way to Scotland to join the revival of 1745, 
he was executed for high treason on his former conviction. But the most 
remarkable, perhaps, was the escape of the General himself, on Tuesday, the 
10th April, a few days before that appointed for his trial. The particulars 
are detailed in the trial of Pitts, the keeper of the prison, charged with mis- 
demeanor for the escape of his prisoner; and prefigure a state of discipline 
that Capt. Macheath and his familiars brought to a climax. 

Mr. Thomas Forster, for some time after his committal to Newgate, 
" had been confined in a chamber in the press-yard;" but for some reason 
not explained, — perhaps for greater security, — " had been removed to a 
strong room in the keeper's house;" as also had Mr. Anderton, of Lostock, 
to another apartment similarly secure. Now, it happened, one evening, 
that Mr. Forster, — (who was still allowed to take exercise in the press- 
yard) — hearing footsteps on the stairs, opened his door. It was the foot- 
fall of his neighbour, Anderton, who entered, and accepted an invitation to 
take a glass, until such time as they were to be locked up for the night. 
Pitts, the keeper, found them over a flask of wine, when it was something 
more than half gone. Mr. Forster then retired (as Pitts thought) up stairs 
to the closet; but he thought wrong; and after a little while, "his heart 
misgiving him," he went up for to see; and, to his great surprise, the 
General — was not there ! Hastening below, his misgivings gave place to 
increased suspicion, when he found " the fell of the latch deadened with a 
piece of list; a peg in the kitchen door; and his servant confined therein." 
It then became manifest that some trick had been played ; and it appeared, 
on inquiry, that Mr. Forster's man being below, had "asked for some small 
beer," and whilst the servant was drawing it— (his thirst being suddenly 
overcome in the mean time), — he waited not for it; but forthwith "fixed 
the peg, and secured him." The General and his man then departed, 
the former " leaving his night-gown upon the steps." Pitts called lustily 
for his able assistant, who, like Sterne's caged starling, replied, " I can't get 



THE HOWARD PAPERS. 309 

something that gave him so great uneasiness and made him 
pensive while his friends were defending the barricades/* 
perhaps continued to weigh heavily on his heart ; and he 
requested his brother, in the event of his conviction, " to let 
him be executed," so that his attainder might not affect 
the family honors, which had been restored only about half 
a century. If the anecdote be true, the tender solicitude 
of Mr. Edward Howard for the family honors is remark- 
able ; seeing that his attainder could not have affected his 
brother's title, nor any other person than himself: for 
though he stood in the relationship of heir presumptive, he 
was unmarried ; and the duke, little older than himself, as 
yet issueless, was not without the possibility of an heir. 
Independently, however, of any such considerations, the 
head of the noble house of Howard, perhaps knew his 
power, at a juncture that he estimated might yet prove 
troublesome to the reigning dynasty; and, proceeding to 
Court, represented to the king, "that if his brother should 

out;" and espieing the peg, the keeper's misgiving heart at once gave 
utterance to its confirmed grief, — " I am undone ! Forster is gone ! " 
Demanding the key of the released tapster, there was found another — a 
false one — on the other side ; and the door double-locked ! 

The following is the description of the General, as it was forthwith ad- 
vertised, with one thousand pounds reward for his re-capture: "He is of 
middle stature, inclining to be fat, well shaped, except that he stoops in 
the shoulders, fair complexioned, his mouth wide, bis nose pretty large, his 
eyes grey, speaks the northern dialect, and about thirty-five years of age." 

The General and his servant, Thomas Lee, were far away before the im- 
prisoned keeper obtained release : and on the very satisfactory explanation 
he had given to the jury, Pitts was acquitted. 

The ".high church tories" had the reputation of "contriving" the escape* 
for among them there were many who were afraid the General would 
" squeak, and make some concerned in contributions and underhand 
assistance be brought to justice;" indeed "it was not without good reason 
suspected that a certain knight who played the skulker, would have gone 
out of the world without his head." — Patten. Mr. Forster, with an act of 
attainder unrepealed, did not return to his native land. He died at ' 
Boulogne, in October, 1738. 

* Evidence of the Rev. Robert Patten, infra, p. 311. 



310 THE HOWARD PAPERS. 

not be proceeded against hostilely, he would acquiesce in the 
new order of things ; and not engage in any steps against 
the Hanover family !" * If the duke's promises on 
this occasion were available in the service of his brother, 
they do not appear to have been observed by, or to have 
disarmed suspicion from, himself, when the emergency 
arose ; for on the very next occasion of " a plot," he was 
himself taken into custody and lodged in the Tower.f 
However, at this time, a compromise so advantageous to 
both parties, appears to have been accepted ; and " the re- 
sult of the interview was, that Mr. Edward Howard, being 
brought into Court, and no evidence forthcoming on the 
part of the Crown, he was, as a matter of course, acquitted, 
and discharged from custody. "J 

This traditional family anecdote has every appearance of 

* Indications of Family Memorials, fol. 1836. 

t In October, 1722, while the duke was sojourning at " the Bath," he 
was taken into the custody of a government messenger, and brought to 
London. On the 25th of the same month he underwent examination 
before the Lords of the Privy Council; and on the following day, the case 
being brought before the House of Pears, he was committed to the Tower 
by a vote of the House on suspicion of high treason. The report of a 
Committee appointed to investigate the charge of complicity in the alleged 
plot, implicated Mrs. Jones (the duke) of carrying on a treasonable corres- 
pondence in cypher with a recognised agent of Mr. St. John (the Pretender) 
at Cambray. After a seclusion of nine months, on the 26th May the fol- 
lowing year, the necessities of the occasion having moderated, the duke 
and his fellow prisoners were admitted to bail; and on the 28th November, 
the last day of Michaelmas term, he and they appeared on their recogni- 
zances and were discharged. 

That the suspicions of the Court were not altogether without foundation 
in fact, seems probable, when it is written by one in the secrets of the 
family, that " the duke at this time, having exhausted every other source of 
supply, at last melted down a large portion of the family plate and con- 
verted it into money for the use of the Pretender. It is, perhaps, a confir- 
mation of the truth of this anecdote," adds Mr. Tiernay, " that of the coro- 
nation cups still preserved, the earliest is that which was received by 
Edward, the brother and successor of duke Thomas to the title." — [at 
the coronation of George the Third] — Hist. Arundel, p. 582. 

% Indications of Family Memorials, 1836. 



THE HOWARD PAPERS. 311 

probability : the form of a trial was gone through ; but the 
evidence produced was so entirely of a negative character, 
as to leave little doubt that it had been pre-arranged for an 
acquittal : — 

"On the 10th July [1716], at the Exchequer Chamber, 
Westminster, came on the trial of Edward Howard, esq., 
brother to the duke of Norfolk, who challenged thirty-four 
of the panel ; but a jury being at last fixed and sworn, the 
witnesses for the king were examined. Mr. Patten* was 
first called : he gave an account in general of the several 
marches of the rebels, and how they secured and made 
prisoners several of his majesty's subjects at Penrith, and 
seized arms at Kelso and Lancaster; but he denied that 
he ever saw Mr. Howard at any attack during the action 
at Preston, f nor even in company with any of the rebels, 
before the prisoner and himself were ordered to Wigan 
under a guard of dragoons, in order to be brought to Lon- 
don. This witness likewise owned that though he had 
several times supped and dined with Mr. Howard, yet he 
could not call to mind that he ever heard him enter into 
any discourse relating to their affairs ; but that he seemed 
always to be pensive, and looked as if something that he 
kept secret gave him great uneasiness. The servant maid, 
where he lodged at Lancaster, said that Mr. TunstallJ had 

* The rev. Robert Patten, minister of Allandale, co. Northumberland, 
chaplain to the rebel General. He was taken prisoner with the force ; 
became very penitent; and "satisfied in every point and query" by the 
rev. Dr. Cannon, appointed to converse with him, saved his life by becoming 
evidence for the king : he was examined against most of the persons exe- 
cuted. On the 8th January, 1718, Mr. Patten received the appointment 
of chaplain to the " Hampton Court," third-rate man-of-war; but was re- 
moved after a few months. — Hist. Beg. He published a narrative of the 
rebellion from personal observation. 

t In the emergency, at Preston, the reverend gentleman acted as a sort of 
aide-de-camp to the earl of Derwentwater, going from barrier to barrier, 
until his horse was shot under him. — Personal Narrative. 

X Paymaster-General and Quarter-Master General of the English rebel 
force. Mr. William Tunstall was second son of a Yorkshire gentleman of 
good estate. He was tried and condemned to death. 



312 THE HOWARD PAPERS. 

written the name of Howard upon a chamber door, where 
a man of that name was to lie ; but she could not he posi- 
tive that the prisoner at the bar was the person. The 
hostler at the Pied Bull, at Preston, said that he had 
horses in the stable that were called Mr. Howard's; but 
he could not say that he had ever seen the master of them. 
The woman of the house where he lodged at Preston was 
likewise called, and deposed that a gentleman came to her 
house and asked if she could spare a lodging for two gen- 
tlemen ; she answered that she had a spare bed, but if they 
were rebels they should not have it : upon which the gen- 
tlemen replied that they were country gentlemen; that 
accordingly they did lie there ; and that Mr. Howard was 
one of them : he went often in and out, but she never saw 
him among the rebels. Upon the whole matter, the Court 
having summed up the evidence, the jury went out, and 
after a short stay they brought him in not guilty. 
Whereupon he paid his fees, and was presently discharged, 
- -not without suspicion of corruption somewhere or 
other."* 

Thus fortunately terminated the collision of two noble 
houses ! The life and honors of the future duke were 
happily spared to himself and to his country; the Howards 
tolerated the Hanover family and the protestant succes- 
sion, at the price of their opinions and their faith ; and the 
succeeding plots, with the memorable " forty-five " that 
witnessed a renewal and failure of the fruitless struggle to 
place a Romish king on the throne of England, — the des- 
truction of many friends, and the former captive in posses- 
sion of ducal honors, could receive no direct aid from the 

* Polit. State of Great Brit., v. xih, p. 42. Other persons beside Mr. 
Howard found favor at Court. Mr. Farquharson, of Invercauld, Lieut.-Col. 
of Macintosh's battalion, had sufficient interest to obtain a pardon; and 
Mr. John Clavering, "a Northumberland papist" of an ancient and 
honorable family, obtained a nolle prosequi, by the intercession of " his 
kinswoman, my lord Chancellor's lady." William, first earl Cowper, mar- 
ried Sarah, daughter of John Clavering, of Durham, esq. 



THE HOWARD PAPERS. 



313 



head of the noble and powerful house of Howard; though, 
if report be correct, and — 

Suspicion always haunts the guilty mind; — 

the duke, on the latter occasion, did think it prudent to 
take shelter of the precincts of the Court; and hastened 
to London from Worksop manor, to have an interview with 
the kincr.* 

o 

Mr. Edward Howard was third son of Thomas Howard 
of Worksop, and succeeded his elder brother, Thomas, in 
the dukedom of Norfolk, in the year 1732.f Several years 
previously, namely, in 1727, he had married Mary, the 
second daughter and one of the coheirs of Edward Blount, 
of Blagdon, in the county of Devon, esq.,i the early patron 
and correspondent of Pope. This young lady, in her 
twenty-fifth year, was in every respect fitted for the distin- 
guished position her good fortune had designed her. Gifted 
by nature with a pleasing and commanding person, and 
great and varied talents, she was at the same time easy yet 
dignified in her deportment; and in common with other 
interesting specimens of her sex, " when she pleased — sin- 
gularly insinuating in her manners. "§ Add, that " she 
loved business, had talents for it, and became the refuge of 

* Daliaway, Hist. Western Sussex, v. ii., part i., p. 182. 

+ Henry Howard, second son, was a bishop of the church of Rome; he 
died in that city in the year 1720; and was buried at Arundel. 

$ Mr. Edward Blount was third son of Sir George Blount, of Sodding- 
ton, bart., and his. wife Mary, heiress of Sir Richard Kirkham of Blagdon, 
Knt. He married Anne, eldest daughter of Sir John Guise of Rendcombe, 
co. Gloucester, bart., by whom he had several daughters of surpassing 
beauty and talents, who became his coheirs, viz., Elizabeth, wife of Hugh 
lord Clifford of Chudleigh; Mary, who became duchess of Norfolk; Anne, 
said to have been lady Abbess at Antwerp, whose portrait, known as the 
" beautiful nun," adorned the " Gentlemen's Dressing Room " at Worksop; 
and Henrietta, who became the second wife of Mr. Philip Howard of 
Bokenham. Mr. Edward Blount died in London, of smali-pox, in 1726. 
His sister, Mary, was wife of Henry Howard of Clun, co. Salop, esq.; and 
left early a widow, was a witness on the trial of the lord Stafford, in 1680. 
§ Butler, Mem. of English Catholics, v. ii., p. 72. 



314 THE HOWARD PAPERS. 

all the catholics in all their vexations ;" # and we may readily 
credit Mr. Butler, that she availed herself of Pope's intro- 
duction to institute the young and rising barrister, William 
Murray ,f a kind of Attorney-General on their behalf. 
Poetically, however, this could only be done by the aid of 
imagery, and we must call in aid the introductory poet, as 
the fanciful biographer of the English catholics appears to 
have pictured to himself, the goddess of beauty and love 
" directing her doves " to No. 5, King's Bench Walk, 
Temple, the welcome bearer of twenty guineas, and — 
mirabile dictu ! — a popish brief: — 

" To number five direct your doves, 
There spread round Murray all your blooming loves, 
Noble and young, who strikes the heart, 
With every sprightly, every decent part; 
Equal the injured to defend, 
To charm the mistress and to fix the friend." 

With the many attractive qualities she possessed, added 
to the position and wealth her husband's succession to the 
dukedom afforded for their display, the mansion of the 
duchess of Norfolk early became the centre of whatever 
was interesting in art or elegant in the world of fashion, 
of either communion that divided parties and complicated 

* Butler, Mem. of English Catholics. 

t Afterwards Chief Justice of the Court of King's Bench, and created 
earl of Mansfield. William Murray was third son of David Murray, fifth 
viscount Stormont. The viscount and the master of Stormont, with an 
estimated force of three hundred clansmen, were "against the govern- 
ment" in 1715, when the rampant Scottish lion took the field, and the 
gentlemen of the English border, " warmed to the tartan," for " Scotland's 
woes and Scotland's king." The two lions of Stormont, however, bore a 
motto that saved the honors of the house; though Mr. James Murray, 
the second son, was an active emissary from the Court of St. Germains. 
He acted as Secretary of State to the Pretender; and after the disaster 
at Sheriff-Muir, retired to the Court of his sovereign, where he was rewarded 
with the title of earl of Dunbar. Colonel John Hay, second son of the 
earl of Kinnoul, who married Margery Murray, daughter of the viscount 
Stormont, also retired to St. Germains, and for his active military services, 
was rewarded with the earldom of Inverness. 



THE HOWARD PAPERS. 315 

the politics of the day ; and by the familiarity that her 
agreeable reunions produced, much of the asperity of re- 
ligious animosity became softened to a more tolerant spirit 
and charitable forbearance, in the circle of society in which 
she moved. Indeed, Mr. Butler observes, that "it was 
the happy fortune of the duke and duchess of Norfolk to 
open the first access of their fellow catholic subjects to a 
notice of their sovereign ; and some attentions, which they 
had an opportunity of shewing to Frederick prince of 
Wales, during the variance between his royal highness and 
his father, George the Second, laid the foundation for much 
of that benevolent feeling towards the professors of their 
obnoxious faith, which is known to have been entertained 
by the second sovereign of the House of Brunswick. " # 

In 1736, when the intrigues of party, active on the pros- 
pective foreign relations of the country, and balancing the 
chances of adulation between the declining^ and the rising 
sun, had resulted in the prince of Wales " sacrificing him- 
self for the good of the nation, £ by demanding a marriage" 
with the daughter of the duke of Saxe-Gotha, those unhappy 
differences which occurred between the sovereign and the 
heir apparent, were placed beyond repair by the prince 
throwing himself absolutely into the hands of his rising 

* Mem. of English Catholics, 
t The state of the king's health at this time was esteemed exceedingly 
precarious. The prince thought his majesty " might linger out the session 
in the same way." — Doddington, Diary, App., p. 446. The duchess of 
Marlborough " had heard from a pretty good hand that the king had been 
worse than they cared to own ; and the physicians say," she continues, " if 
he does get over this illness, he cannot live a twelvemonth." — Opinions of 
the duchess of Marlborough, p. 86. How vain the speculation ! The king 
long survived the prince, his son ; and gave place to his grandson, George 
the Third, nearly a quarter of a century after his physicians considered his 
case hopeless, and his courtiers had shuffled the cards for a new game. 

X Doddington. Diary, Appendix, p. 451. His royal highness, however, 
had the gallantry to qualify the sacrifice by adding, that " the princess was 
the best and most agreeable woman in the world." But " the nation ought 
to stand by him." The prince was married 27th April, 1736. 



316 THE HOWARD PAPERS. 

party, and appealing to parliament for an allowance inde- 
pendent of the royal civil list.* Political virtue, not per- 
haps, without a lively remembrance of "quarter-day," united 
to a high sense of the prerogative-royal and filial submis- 
sion, operated to the conservation of the Exchequer at this 
time;t the appeal was unsuccessful, both in the House of 
Commons and in the Lords ; and in the triumph of the 
ministry the king was so ill-advised by Walpole and the 
queen, — who in the petulance of her resentment had resolved 
to proceed to extremities, — as ultimately to eject the prince 
and princess from St. James's palace, where they had 
hitherto resided. J A step so violent and injudicious raised 

* The prince said "he had resolved to endure it no longer, and had de- 
termined to make a demand in parliament of a jointure for the princess, 
and of £100,000 per ann. for himself, which his father had when prince; 
and which he looked on to be his right, both in law and equity. All the 
opposition and the tories were engaged in it." The motion was negatived 
in the Commons by 234 to 204; forty-five tories being absent, and thirty- 
five members* voting for the prince, writes Doddington, who, I think, never 
voted against us before. — Diary, App., pp. 441, 443, 4G9. In the Lords, 
the motion was lost by a majority of 63 ; the contents being 40; non-con- 
tents 103. Fourteen of the former entered their protest, and gave ten 
reasons for their vote; among them were the two Howards, earls of Berk- 
shire and Suffolk. — Lords' Protests, v. ii., p. 147. 

About three months afterwards, June 21st, 1737, fourteen months after 
the marriage, (rather a late period,) the royal assent was given to an act, 
to enable his majesty to settle a revenue on the princess, in the event of 
her surviving the prince, &c. 

t It was not the amount but the mode that was objectionable to the 
ministry ; for Doddington replied to the prince, " Did he, could he believe, 
that if the lung were to propose to a Council for their opinion, whether he 
should give his royal highness £50,000 or £100,000 per ann., that any of 
those lords he had named or myself should have a moment's difficulty in 
delivering and supporting our opinion for the larger sum ? Surely, he could 
not; there we should act according to our duty, and constitutionally; but 
to bring the parliament into the king's closet, for them to examine into his 
most private domestic affairs, intrude themselves into the government of 
his private estate and family " — Diary, App., p. 460. 

X The message to the prince " to quit St. James's palace, with all his 
family," dated Sept. 10, 1737, will be found in Coxe's Life of Sir Robert 
Walpole, 4to., v. i., p. 544. 



THE HOWARD F ^ERS. 317 

a barrier fatal to any terms of conciliation ; and the prince 
turned out of doors, as might naturally have been supposed 
he would do, accepted a proffered refuge where it was least 
likely to be agreeable to the Court. It must have been a 
great triumph of exultation to the catholics when the heir 
apparent to the protestant throne accepted the shelter of a 
noble member of their persecuted creed, — the acknowledged 
head ..of the party most obnoxious to the policy of the 
government in church and State, — and took up his resi- 
dence at Norfolk House ! 

"Twenty years," wrote a Court poet, "have wrought 
strange alterations ! " Aye, new and strange has ever been 
— will ever be the cycle of time in man's brief history; 
and passing strange the events that here occurred. Twenty 
years ! What a retrospect for the Howards ! Twenty 
years agone ! Where then stood Mr. Edward Howard ? 
In arms against the sovereign family whose heir he now 
sheltered beneath his hospitable roof; a traitor at the felon's 
bar, depending on the merciful forbearance of the Crown 
to suppress the ample evidence of guilt that had consigned 
so many of his companions to an ignominious death. 
Unchanged as he was in the sentiments of his faith or his 
religious zeal, if party spirit and the temporary triumph of 
a political creed have been supposed alone to have induced 
his new position, let gratitude in some sort blot the words, 
and give him credit, at this time, for loyalty to the throne, 
which after years — negatively at any rate — tested to the 
proof. 

It w T as in the spring of the year 1737, that the contest 
took place in parliament on the subject of an independent 
allowance to the prince : the summer months increased 
the discord in the royal family; and in the autumn of that 
year the prince took up his residence at Norfolk House ; 
which then became "the centre of political opposition;"* 
and it was there, beneath the roof of the acknowledged 
* Walpole. — Coxe, ut supra. 

X 



318 THE SAT1D PAPERS. 

head of the popisu | iy, that, on the 24th May, 1738, 
the protestant king, George the Third, first saw the light 
of day ! It was thence that the duke of Queensbury and 
the marquess of Carnarvon were successively despatched to 
the king at Kensington Palace to report progress of the 
happy event : it was there, beneath the popish roof of the 
Howards, that the Archbishops of Canterbury and York 
were assembled to take cognizance of, and officially record 
the glorious fact ; and it was there, on the 27th May, that 
his royal highness, the prince of Wales, received the hearty 
congratulations of the citizens of London, in an address 
that, while it breathed loyalty to the throne, was accom- 
panied with circumstances that marked the popularity of 
the prince, and gave eclat to his party — not an unimportant 
minority in the legislature — at the expense of the ministers 
of the Crown. A cavalcade of eighty-five carriages accom- 
panied the State of the Lord Mayor to form a procession ; # 
and crowded the environs of St. James's-square to the 
annoyance of the Court. With the royal family in such a 
state of political and social discord,f it is not a little re- 
markable to find so much harmony discovered from a 
Romish point of view. 

"The duke and duchess," says Butler, "on this occasion 
conducted themselves in a manner highly pleasing both to 
parent and son, and the consorts of each, it was signified 
to them that their frequent attendance at Court was ex- 
pected ; and queen Caroline often invited the duchess to 
her private parties. "J It happens unluckily, however, for 
the learned gentleman's agreeable fiction, that her majesty 
was not then living ! she had survived only about two 

* Hist. Reg., v. xxiii., p. 120. 
t On the 28th February, 1738, an order had been issued from the lord 
Chamberlain's office, and published in the London Gazette, that no person 
who paid court to their royal highnesses, the prince and princess of Wales, 
should be admitted to his majesty's presence. 

$ Mem. of English Catholics. 



THE HOWARD PAPERS. 



319 



months the crowning measure of her resentment, — the ex- 
pulsion of the prince and princess from the palace; she died 
on Tuesday night, the 20th November, 1737, six months 
before the birth of the young prince, her grandson ; and 
such had been her unrelenting animosity towards her son, 
that, — to warrant the severity of Pope's coarse satire,* if 
not Chesterfield's rebuke, f — it was only by a message 
from her death-bed that she at length conveyed to him her 
maternal reconciliation — her eternal adieu ! 

As the catholic party gained little by the motion, the 
duke and duchess are entitled to full credit for their civili- 
ties and hospitality. The policy of the nation happily 
withstood all the shocks of papal aggression aimed either 
at the church or the throne ; and George the Third received 
the sceptre a thorough-bred protestant prince. The duke, 
whose early lesson had taught him the wisdom of moderate 
measures, and patience under compulsory submission, 
passed a long natural existence " in seclusion from political 
life;" and, if length of days betokeneth contentment of 
the heart, found a solace apart from the ambition of power 
or the intrigues of an expiring faction. The good taste of 
the duchess, and the inclination of the duke for the cultiva- 
tion of the fine arts, which found an elegant exponent in 
the architectural decoration and embellishment of their 
town mansion,^ doubtless contributed greatly to a result 

* Here lies, wrapt up in twenty-thousand towels, 
The only proof that Caroline had bowels. 

+ The truth of Chesterfield's line :— 

And unforgiving, unforgiven dies : 
has been controverted ; for the queen " sent her blessing and a message of 
forgiveness to her son, and told Sir Eobert Walpole that she would have 
seen him with pleasure, but prudence forbad the interview, as it might 
embarrass the interests of the king." — Mem. of Sir Robert Walpole, 4to., 
v. i., p. 550. 

% The improvements at Norfolk House, St. James's-square, comprising 
a handsome front erection in advance of the old buiiding in which prince 
George was born, were commenced in 1742; and, with the internal decora- 

x2 



320 THE HOWARD PAPERS. 

happy to themselves ; and in the amiable frame of mind 
induced by the absence of " impious discontent," advan- 
tageous also to the well being of all within the sphere of 
their social intercourse or their benevolent consideration. 

Happiness ! our being's end and aim ! 
Good, pleasure, ease, content! whate'er thy name; 
That something still which prompts th' eternal sigh, 
For which we bear to live, or dare to die ; 

Know then this truth, enough for man to know, 
" Virtue alone is happiness below." 

The moral virtues were more than conspicuous, they shone 
resplendent in this noble pair. One drawback, and one 
only, lurked in " Heaven's just balance" of their earthly 
endowment. The duke had passed from mid-life to old 
age without having any heir to inherit his honors and 
estates : — 

Heaven had not crown'd his wishes with a son ; 

and at the age of seventy years his nearest male relative 
was a nephew, son of his brother Mr. Philip Howard, of 
Bokenham, who died at his house, in Upper Grosvenor- 
street, January 23rd, 1749, at the age of sixty-one. # 

Mr. Philip Howard, youngest son of the lord Thomas 
Howard of Worksop, in the year 1724, had married Wine- 
freda, daughter of Thomas Stonor, of Watlington Park, in 
the county of Oxford, esq., by whom he left a daughter, 
Winefreda, born in 1726, who became wife of the honorable 
William Stourton, afterwards lord Stourton; and a son, 
Thomas Howard, born in 1728, at this time heir presump- 
tive to the honors of his noble relative. In 1731, Mr. 
Philip Howard lost the mother of his young family; and 
in 1739, he married a second wife, the Madame Proli, 
widow of Peter Proli, of Antwerp, esq., nee Henrietta 
Blount, younger sister of the duchess of Norfolk. By this 

tions, are said to have amused the taste of the duchess and the noble duke 
for nearly twenty years. 

* He was buried at Arundel. 



THE HOWARD PAPERS. 321 

Mr. Philip Howard had also two children, a 
daughter, Anne, born in 1742, who married Edward lord 
Petre; and Edward Howard, born in 1744. 

" Worldly hope," writes Dr. Young, " expires in old 
age." Worldly selfishness sometimes may: hope, — while 
man is passion's slave — never ! " The worldly wishes that 
an old man sends out," adds the same divine, "are like 
Noah's doves ; they cannot find whereon to light, and must 
return to his own heart again for rest." Not always so 
unhappy. Love, hatred, pride, vanity, revenge, — all the 
passions of the human heart, — the comfort — the happiness 
— the misery of to-day, too plainly make known to mankind 
whereon have rested, for joy or sorrow, the enduring 
wishes of a bye-gone — perhaps capricious — old age! Self- 
ishness can hardly extend beyond the grave ; but while- 
Hope springs eternal in the hrnnan breast, — 
the heart's mundane wishes will seek an earthly rest ! 

The wishes of Edward duke of Norfolk were the legiti- 
mate and natural offspring of his position. On Mr. Thomas 
Howard, eldest son of his brother Philip, the duke had 
placed his hope. As heir presumptive to honors of the 
highest rank, and to a fortune that had become princely 
by the quietude of a long possession, in the hands of one 
whose pleasure and chief expenditure had been on works 
of improvement and taste, adding increased value to the 
property it adorned, — this young gentleman, on the decease 
of his parent, became an object of regard in the brilliant 
circle to which his expectations had introduced him, and 
of corresponding pride to his friends. The duke early 
acknowledged him as his heir, and gave him all the advan- 
tages a position so distinguished was calculated to afford. 
The old man's wishes, so far from returning to himself in 
cold selfishness, found rest and pleasure in the hope of an 
indirect heir supplying the void that nature had left in his 
own lineage ; and his heart's desire seemed to be, — perhaps 
there was pride and vanity in the wish,— how he could 



322 THE HOWARD PAPERS. 

best promote and establish in him the enduring splendour 
of his house. 

With this view, writes Gilpin, the duke conceived the 
design of restoring, for the advantage of his nephew, the 
Manor House of Worksop to its ancient splendour. This 
was an exercise of taste that engaged his attention, and 
aroused the dormant energies of age to the activity of youth: 
and the duchess, who superintended the works, united her 
refined judgment in a labor of love worthy of her genius; 
fpr its object was a most interesting feature of the family 
history. 

The old manor house of Worksop, vast and magnificent, 
situated in the centre of a well wooded park, eight miles in 
circumference, was originally erected by the Talbots, in the 
reign of Henry the Fifth. George earl of Shrewsbury re- 
constructed the old mansion into a building of Elizabethan 
taste and proportions ; which, unfinished at his decease in 
1590, was completed by his widow, the celebrated Bess of 
Hardwick,* whose property it became by settlement after 

* This " beautiful and discreet lady," says Collins, daughter and coheir 
of John Hardwick of Hardwick, co. Derby, esq. — not an unusual circum- 
stance when property was represented by knights' fees and feodal obligations, 
at the age of fourteen became an object of attraction to Robert Barley of 
Barley, co. Derby, esq., who deceased in 1532, leaving her a young widow 
with considerable wealth settled on herself and her heirs. But her husband 
died childless; and "her marriage," though an object of attraction to many, 
she had discretion to reserve until the year 1547, when on "the 20th August, 
at two of the clock after midnight, the domynicall letter being B," she 
became third wife of Sir William Cavendish, — sometime the prudent Secretary 
of Cardinal Wolsey, the lucky Treasurer of the Chamber to Wolsey's royal 
master, — who had edged his way from the ruin of one to the favor of the 
other, and accomplished riches out of the earliest suppression of the well- 
endowed religious houses. The heirs of Cavendish were the children of Bess 
of Hardwick j and the noble houses of Newcastle and Devonshire looked 
to her as the mother of their founders, the aggrandiser of their wealth. 
Sir William Cavendish died in 1557, and his widow next gave her hand to 
the Captain of the Queen's Guard, Sir William St. Loo, whose fair lordships 
in Gloucestershire, on his decease, fell to her inheritance by a settlement 
on her and her heirs, to the exclusion, we are told, "of his daughters by a 
former marriage," and of brothers, his own male heirs. " In her third 



THE HOWARD PAPERS. 



323 



his decease ; and it passed to the Howards by the marriage 
of the earl's youngest grand-daughter, Alathea Talbot, who 
eventually became sole heiress of her father, Gilbert, seventh 
earl of Shrewsbury. 

It was this interesting mansion of the Talbots that the 
duke proposed to restore in a style of grandeur suitable to 
his idea of a residence becoming the first peer of the realm. 

The park surrounding the manor house, parcel of the 
ancient forest of Sherwood, renowned in historic lore, 
seemed to have been selected by its original owner from 
the wilds, as a spot where nature had been lavish of her 
beauties in all the accessories to palatial magnificence. 
Hill and dale gracefully disposed, gave background and 
variety to the scene, which the forbearance of man had 
judiciously acknowledged by sparing the numerous groups 
of fine timber that crowned the heights, clustered the grassy 
slopes, and studded the open lawns. Here and there — 

the Druid oak, 

Stood like Caractacus in act to rally 

His host, with broad arms 'gainst the thunder stroke. 

Some of these primaeval tenants of the forest, whose um- 
brageous branches extended their canopy over half an acre 
of ground, had been famed for their growth and beauty, by 
Evelyn, a century before. # John Talbot, when he erected 

widowhood," says bishop Kennet, " she had not yet survived her charms 
of wit and beauty," — and she completed her conquests by adding nobility 
to wealth, in a marriage with the most powerful nobleman of his time, 
George earl of Shrewsbury, whom " she brought to terms of the greatest 
honor and advantage to herself and children; for he not only yielded to a 
considerable jointure but a union of families." Her eldest son, Henry 
Cavendish, was united in marriage with Grace Talbot, the earl's youngest 
daughter; and the "disgraceful and imprudent concessions" made by the 
earl, reverted to his son, George Talbot, seventh earl of Shrewsbury, by 
marriage with Mary Cavendish, third daughter of Sir William Cavendish, 
of Chats worth, and Bess of Hardwick. — Collins, Noble Fam. 

* Sylva; or a Discourse of Forest Trees, 1664. Some of these magnifi- 
cent oaks were found to bear two feet square of timber at the height of 
forty feet; so that each tree contained more than six solid tons of timber. 



324 THE HOWARD PAPERS. 

the original manoir, left them as saplings of the wood. 
The unhappy queen of Scots might have meditated beneath 
the shade of their extended boughs. 

This was indeed a spot that on every consideration 
merited the regard of the noble owner, and the outlay it 
was about to receive. Designs to — 

Erect new wonders and the old repair ; 

passed rapidly in review before the arbiters of taste who 
sat in judgment; and plans were speedily prepared for the 
extensive alterations projected. The works were imme- 
diately commenced, and after several years of active and 
critical superintendence on the part of the duchess, and a 
vast expenditure of money, # they were completed in a 
manner that left nothing to be desired ; a building of sur- 
passing beauty, one of the most noble in England, con- 
taining about five hundred rooms, gave habitable grandeur 
to the surrounding scene. 

In the year 1761 the embellishment and re-furnishing of 
the restored mansion had also been carried to completion 
in a style corresponding with the tone of its exterior gran- 
deur ; the state and visitors' apartments, decorated and fur- 
nished en suite, had been the study of the upholsterers' art; 
magnificent tapestry, recording historic events, >adorned 
the walls ; the valuable paintings and drawings had been 
placed in the best lights to give effect to the master and 
the beauty of the composition ; the matchless works of art 
and vertu, including many of the famous Arundel collection, 
had been disposed in elegant arrangement throughout the 
spacious galleries and apartments ; and the latter were 
being aired for autumn occupation ; — when, on Tuesday, 
the 20th October, a fire, which it was believed had been 
smouldering some weeks in a closet adjoining the library, 
broke out with a fury that soon gained mastery over the 

* For several years, it is said, about twelve thousand pounds per annum 
had been expended in wages alone about the house; so that the estimate 
of thirty thousand pounds was much below the actual expenditure. 



THE HOWARD PAPERS. 325 

limited means at hand for its suppression ; and in a short 
time the noble edifice, the object of so much pride, and so 
many hopes, presented only a heap of ruins : the chapel, 
with some part of the east wing, being all that remained as 
a memorial of the past:* the loss in furniture, paintings, 
books, and articles of taste alone being estimated at not 
less than one hundred thousand pounds ! 

If pride and vanity had received a check, the duke ac- 
knowledged the intelligence with every appearance of hu- 
mility and resigned submission : " God's will be done ! " 
Such are his recorded words. f But if he thought the 
calamity had been the chastening will of the Almighty, did 
he accept the sign as a check to the vanity of his earthly 
wishes? Did he submit himself humbly to that decree? 
No, he set up the will of man in open defiance to it ; the 
old man's wishes had been too ardently excited to submit 
to a calamity which he had even attributed to the will of 
God ; and nothing daunted by the severity of the loss in- 
flicted, he forthwith determined to erect a palace on the 
ruins of his former mansion, that should be to it as the 
temple of Soloman to the tent of the wandering Arab ! 
Before the ruins had well cooled, writes Gilpin, the ground 
was cleared ; and in the mean time plans were projected 
for a palace to consist of an extensive quadrangle, embracing 
two interior courts^ and a circular Egyptian hall in the 
centre. J But the details for such a work were not the 
preparation of a day ; a year had elapsed before they were 
sufficiently worked out to be called complete j and when 
they were so, the wandering eye gazed with astonishment, 

* The statues of the Arundel collection have been preserved to memory 
by the etchings of Dr. Ducarel. 

t Annual Reg., v. iv., p. 169. The stables were burnt down in 1770. 

$ Plans and Elevations of Houses by James Payne; 2 vols, fol., 1783. 
" A View of the first building erected by duke Edward," was exhibited by 
William Hodges, R.A., 1772; and a View of the Menagerie, designed by 
the duchess, painted by P. Sandby, R.A., was exhibited at Spring Gardens, 
in 1764. — Gough, Brit. Topog. 



326 THE HOWARD PAPERS. 

where admiration failed to dazzle the thoughtful beholder, 
at the wild enthusiasm of the aged patrician, who at years 
when — 

— — the madness of the heart 
And passions cease in other men; 

had projected a work that the course of nature forbad the 

hope of beholding the completion. To him might well 

have been addressed the lines of the Roman poet: — 

Tu secanda marmora 
Locas sub ipsum funus, et sepulcri 
Immemor, struis domos. 

But if in vanity, yet not in selfishness, he " spoke to time" 
of the future grandeur of his house ; and with the courage 
or the wilfulness of age, he sent his wishes forth again with 
an impulsion to their daring flight that might have o'er- 
topped the hope of empire, — but could not conquer fate ; 
for ere a stone was laid, an unexpected decree of Providence 
returned the old man's wishes to his heart again for rest, 
— his nephew died. # 

It is wisely and mercifully decreed, that — 

Heaven from all creatures hides the book of fate 
All but the page prescribed; — 

or life would be a burden too weighty for man to bear. 
When this leaf was opened, however, it did not present a 
fatality that was irremediable. There was yet hope in bud 
and blossom. One single shoot of the ancient stock yet 
remained on which the old man's wish might find its rest. 

It will be remembered that Mr. Philip Howard, by his 
second wife Henrietta Blount, sister of the duchess of Nor- 
folk, had a son Edward, named after the duke, as the de- 
ceased Mr. Thomas Howard had been named after his 
uncle, the duke living at his birth. Mr. Edward Howard 
was nineteen years of age, when, by the decease of his 
half brother, he succeeded to the proud position of heir 
presumptive to his noble uncle. On him the duke now 

* Mr. Thomas Howard died January 11, 1 763; and was buried at Arundel. 



THE HOWARD PAPERS. 327 

bestowed all his sympathies, and the duchess her affections; 
for he was allied in blood and lineage to both the Howards 
and the Blounts. Whether this circumstance in any de- 
gree moderated the grief for the deceased heir, certain it is, 
the progress of events were not stayed by his loss. Philo- 
sophy and resignation are wonderfully accelerated in their 
divine action by the presence of hope; and within three 
months the determined object of the aged enthusiast's heart 
was renewed. On the 21st March, 1763, taking his 
youthful heir by the hand, the duke laid the foundation 
stone of the magnificent pile, which, if completed, observes 
Mr. Young, # would have been the largest house in Eng- 
land ; and even now remains a masterpiece of architecture 
among the noblest mansions in the land. Payne has the 
merit of having been the architect employed, but some of 
the most beautiful parts of the edifice must be attributed 
to the architectural skill of the duchess of Norfolk, who is 
said to have superintended the erection. Nor is the house 
itself more justly celebrated for its beauty than the sur- 
prising expedition used in its erection ; and the visitor is 
struck with astonishment when told that what he sees is 
only a fifth part of the great design. 

This portion, one side of an intended quadrangle, pre- 
sents a frontage of white freestone, three hundred and 
eighteen feet in length, forming " a fa§ade of lightness, 
beauty, elegance and grandeur, not unfit for a residence 
even of royalty itself." In the centre a slightly projecting 
portico, consisting of six stately Corinthian columns, resting 
on rustics, supports a tympanum and pediment " with all 
the grace of the Antinous added to the apparent vigour of 
Hercules"-\ The points of the pediment are surmounted 
by handsome statues, and in its centre is an emblematical 
carving allusive of the high family alliances of the House 
of Howard. 

* Agricultural Tour, v. L, p. 328. 
t Beauties of England and Wales, by the Rev. J. Hodgson, &c. 



328 THE HOWARD PAPERS. 

" This front, upon the whole," writes Mr. Young, " is 
undoubtedly very beautiful : there is a noble simplicity in 
it which must please every eye, without raising any idea of 
want of ornament."* When it is added, that the present 
erection was designed for the back front, the imagination 
will fail to conceive the ideas of grandeur that floated in 
the mind of the projector of the whole design. 

Less than four years sufficed to fashion this noble pile 
out of the rough blocks of the neighbouring quarry, and to 
raise a habitable mansion on the ashes of its predecessor. 
The year 1767 beheld it as a noble triumph of art; yet the 
germ only of a building, that time — some fifteen or twenty 
years — might have expanded to — 

A work to wonder at, — perhaps a Stow; — 

surpassing, perhaps, a Cannon's^ where the very locks and 
hinges of the doors were of gold and silver ! Pope's 
imagination, however, had not been called upon to contrast 
the genius — though his satire rarely spared the follies— of 
his patrons and his friends ; or the classic taste of a Temple 

* Agricultural Tour. 

t In the parish of Stan more, Middlesex, built in 1712 by Mr. James 
Brydges, afterwards duke of Chandos, who expended upwards of two hun- 
dred thousand pounds in its erection and embellishment. Here kept the 
duke his state, with a splendour not unbecoming a sovereigu prince, — or, 
in the language of the satirist — 

As brings all Brobdingnag before your thought, 
Unhappy poet! Doubtless he "ran amuck" in the severity of his censure, 
when he whitewashed an earl and bespattered a duke, in eulogising the 
morality Of the Use of Riches. Nevertheless, Pope was prophetical when 
he gave Timon's villa to the winds : — 

Another age shall see the golden ear 

Imbrown the slope, and nod on the parterre ; 

Deep harvests bury all his pride has planned, 

And laughing Ceres reassure the land. 

At the decease of the duke, in 1744, the costly library and valuable 
collection of articles of taste were dispersed ; the magnificent mansion was 
pulled down, and the materials sold by auction. The squirting cupids were 
destined to deck another lawn ; and the equestrian statue of George the 
First, removed from the Park, was placed in Leicester-square. 



THE HOWARD PAPERS. 329 

and the magnificence of a Chandos might have found suc- 
cessful rivalry in the united talents of a Howard and a 
Blount. There seemed but one mischance likely to inter- 
dict the completion of the work, — the duke was eighty-two 
years of age ; and with all the energy that could be con- 
centrated on the task, nature might yet demur to the 
wishes of his friends. At his maturity of years, — 

Life's span forbids us to extend our cares 
Or stretch our forward hopes — 

Within himself, however, though he took pride in the 
progress of the work, all was of the future. He looked 
forward to the completion of his noble design and the 
inheritance of his heir, as though his sole enjoyment had 
been in the prospect of his succession, arid the splendour of 
the ducal state in the magnificent home he was preparing 
for his reception. On him the old man's earthly wishes 
had found their firmest, — on him, their final — rest: and 
he was young, and full of life, and joy, and happiness; 
with all the attributes that might give pride and stability 
to the wishes of his friends : — 

To virtuous ways, to manly sports inclined; 
That promised health, and length of golden years : 

and to the old man's gaze, like Banquo's heir, he bare a 
glass, wherein the prospective wishes of his heart beheld, 
in long array, a line of progeny to wear his honors and to 
bear his name to distant time ! 

But in vain the stone is quarried and the blocks pre- 
pared ; in vain the labourers' hire, the workmen's speed ; 
the builder's knowledge and the artists care : — 

Heaven still with laughter all the toil surveys 

And broke the charm — 

Where hope had promised greatest length of days. 

It so happened that Mr. Edward Howard, playing at 
Tennis with his brother-in-law, the lord Petre, became 
overheated by his exertions in the game ; and a fever that 



330 THE HOWARD PAPERS. 

ensued, resulting in measles, terminated fatally the 7tli 
February, 1767, in the twenty-fourth year of his age. 

Could tears retard the tyrant in his course : 
Could sighs avert his dart's relentless force : 
Could youth and virtue claim a long delay — 
He still had lived. 

But vain are the hopes of man and the plans he so cun- 
ningly prepares ! Like Noah's doves, the old man's wishes 
returned to him again to seek their final rest : and in dis- 
appointment and despair the worldly hopes of Edward duke 
of Norfolk vanished like the baseless fabric of a vision — 
a melancholy and remarkable instance of the vanity of 
worldly hopes extended beyond the grave ! 

Whether woman was made for affliction or affliction for 
woman, — according to the poets, with her happily consti- 
tuted temperament, every cloud has a silver lining, every 
grief a joy ; she always shines in sorrow. 

Source of all our gentler feelings, whence 
They are drawn, that harmonize us from the brutes. 
The only prop — weak though she be — who stands 
Firmest in sickness and in sorrow — yea, in guilt. 

The duchess, true to her sex, accepted the dispensation 
of Providence with resigned submission; and became the 
comforter where the desolating visitation was less consol- 
able. To the duke the shock was so great, and so profound 
his grief, that it was feared he would sink beneath the 
weight of an affliction boundless as had been his ambition. 
He had set his heart upon a futurity that was not to come : 
he had essayed a pyramid that should scare the world with 
the greatness of his failing house; he had successively 
made a human idol of his hopes, — and where now were 
they? 

Statues of glass — all shivered ! 

" There is something very touching in the domestic story 
of his latter days. He had lived," says Mr. Tiernay, "to 
behold the wreck of much that could have endeared exis- 



THE HOWARD PAPERS. 331 

tence to him : his nephews, to whom he had looked for the 
succession of his house, were cut off in the flower of youth; 
and the honors of his family were about to pass away from 
his own line to that of a distant relative. " # 

The reflection was not happy ; but grief could not recal 
the dead ; and as he had built only for his nephew, his first 
order was to stay all further progress of the work he had 
been so long sedulously hurrying forward ; and he left the 
uncompleted mansion — nevertheless a magnificent resi- 
dence, — for collateral heirs yet more remote, — and for 
whom he appears to have entertained small regard, to enjoy 
the benefit of his energy and his taste. He could not, 
however, entirely divest himself of the gratification he had 
received, and the happiness the busy work had given to 
himself and diffused to others. He still lingered round the 
spot, as it were by habit. Here it was that he sweetened 
the dregs of life or buried a wild despair in a generous hos-* 
pitality and kindly charity among neighbours who had been 
acquainted with his sorrows and participated in his grief. 
When we find that his hospitalities had the character 
of being princely, and his benevolence without stint, we 
may understand that the duke still lived in him, Last of 
his line, his pride — say his hopeless vanity — felt the neces- 
sity of maintaining for his own time, the splendour of his 
rank, — the traditionary grandeur of his house ; and had he 
lived but as one whose worldly wishes centred solely in 
himself, it must still have been remembered they had 
sought and found no other earthly rest ! 



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THE HOWARD PAPERS. 333 



CHAPTER VII. 



The Slies are no rogues : look i' th' Chronicles; 
We came in with Richard Conqueror. 



THE LAST OF THE DUKES. 

If there is a majesty that doth hedge a king, a duke is not 
wholly exempt from the control of surrounding influences ; 
and the unexpected event that had entirely disturbed all 
the arrangements for the succession, necessitated a refer- 
ence to, it might have been a review of, the family pedigree ; 
perhaps a re-settlement of the vast property under the con- 
trol of the ancient duke, now verging on the very limits of 
life's span. The occasion demanded provision to be made 
for the maintenance of the family honors in a course of 
descent limited by the patents of creation and directed by 
the act of restoration. The Greystoke line appears at 
once to have been identified as next in inheritance of the 
titular dignities ; indeed the duke only accepted the con- 
tingent succession indicated by the will of his late brother 
and antecessor in the ducal inheritance; and on Mr. Charles 
Howard and his heirs, with remainder to the line of the 
Howards of Sheffield, were those settlements forthwith 
made, which have been referred to in a previous page. # 

It has been suggested that in this compact there had been 
an evident "anxiety to perpetuate the succession of the great 
estates, and the very high and splendid dignities apper- 
taining to the ducal Howards in the channel of the Romish 
religion, professed by all the parties to the arrangement."f 

* Ante, p. 29. t Mysterious Heir, 1816, p. 9, 

Y 



334 



THE HOWARD PAPERS. 



Iii the state of mental depression in which the duke is re- 
presented to have been thrown by the failure of all his 
earthly hopes, it might perhaps be questioned how far he 
was himself an active promoter of the transaction ; but his 
assent must necessarily be assumed by his execution of the 
deeds, and as he referred to and ratified the arrangement 
by his will ten years later, it is not possible to believe his 
conviction of right to have been at variance with his pre- 
vious act, without affixing on his memory the charge of 
participating in the wilful commission of a mighty wrong; 
and if he had been misled or become the dupe of others, 
he seems laid open to the imputation of labouring under a 
continued delusion or imbecility of mind which has not 
been shewn to exist ; and the duchess was alive, without 
any known predilection, more than the duke, for his for- 
tuitous successor, to have assisted his inquiries and preserved 
the integrity of his action. Nevertheless, the groundwork, 
if any, for the very serious imputation suggested by the 
writer before quoted, and the impelling motives of the par- 
ties concerned, must be sought in a review of the family 
pedigree. 

When an old man dies, how many facts are buried with 
him ; how much knowledge goes to the grave ! Assuming- 
duke Edward to have been in possession of all his faculties, 
few persons have had so fair an opportunity of knowing all 
the branches of his family tree whence an heir could arise. 
At the age of eighty-two, when duke Edward re-settled 
the succession of his estates, if he had sat down seriously 
to examine the history of his family, and its connections, 
how extensive the range of his personal knowledge ! how 
numerous the sources of his inquiry ! Born in the year 
1685, the first year of king James the Second,* he had 
beheld six monarchs wear the English Crown. He had 

* Mr. Henry Howard of Corby places the duke's birth two years earlier, 
the 35th of Charles the Second.— -Mem. of the Howard Family, fol. 1836, 
2>. 42. 



THE HOWARD PAPERS. 335 

seen James the Second driven from his throne by a " foreign 
usurper, supported by Dutch forces,"* and he had wit- 
nessed all the failures — participating in one disastrous at- 
tempt — to restore the expatriated royalty. Four genera- 
tions of men, and the stirring events of a most active and 
interesting period of our history had been within the scope 
of his observation. In his own family, his four uncles 
(children of the second marriage of his grandfather, Henry 
duke of Norfolk), must, as a matter of course, have been 
living within the time of his personal knowledge; since 
he was a man of middle age when they died : even his 
great uncles, Charles, Bernard, and Esme Howard, were 
living to about the same period of time. He was six years 
old when his great uncle, of his own name, paid the debt 
of nature ; and in his tenth year when the Cardinal of 
Norfolk had sepulchral honors at Rome. 

The restoration of the dukedom to his family by Charles 
the Second was one of his nursery tales ; and in his youth 
the story was rife how his great uncle, Charles Howard, 
had wrested from his uncle, Henry duke of Norfolk, by 
force of law, the goodly manor of Greystoke, and had 
adopted that designation to his name in place of Depden, 
a small estate in Surrey; on which, nevertheless, during 
his life, he sought philosophic retirement from the world he 
affected to despise. 

The manor of Greystoke had anciently been the patri- 
mony of barons who bore its name. In the eighth year of 
queen Elizabeth (1565) died Thomas lord Dacre of Gilles- 
land, grandson of the heiress of Greystoke, leaving a widow 7 , 
Elizabeth, who, as the law stood with respect to the feodal 
obligation of wealthy widows and rich heiresses, had per- 
haps little option as to a re-marriage; and she speedily 
became the third wife of Thomas duke of Norfolk, who, by 
the same means, to wit, by grant of the Crown as lord of the 

* "Declaration of his most gracious majesty, king James the Eighth." 
1715. 

y2 



336 THE HOWARD PAPERS. 

fee, obtained the wardship and espousal of her young family. 
The duchess survived her elevation only about twelve 
months, dying in 1567 ; and the duke fell a victim to his 
politics, his religion, or his ambition, on Tower-hill, the 2nd 
June, 1572 ; leaving his own offspring by his former wives 
in early years. The compact, however, had been made ; 
and while yet children, his sons, Philip and William, 
married the surviving co-heiresses of the lord Dacre, and 
divided their inheritance. The latter, with the younger 
sister, Elizabeth, who shared his fortunes in wedded life for 
the long period of sixty-three years,* took a designation 
from her castle of Naworth, and became celebrated as the 
" Belted Will " of border story, terror of the renowned 
race of freebooters,^ so dear to the writers of Scottish ro- 
mance. His elder brother, the unfortunate religious zealot, 
Philip, earl of Arundel and Anne Dacre, for the brief space 
of their married days, made their residence at Greystoke, 
which passed to their only son and heir, Thomas earl of 
Arundel, the celebrated collector ; and in the possession of 
his son and heir, Henry Frederick, the noble manor in- 
herited from the Dacres of Greystoke, became the object 
of that settlement which produced the unhappy contest 
at law — (famous as a triumph of equity over the legal 
quirks of the ecclesiastical school of jurisprudence) — be- 
tween the brothers before described. J 

The restoration of the dukedom was a story of melan- 

* "This noble twaine, as it pleased themselves to tell us, could not make 
twenty-five years together, when first they were marry'd; that now can 
make above one hundred and forty years; and are very hearty, well, and 
merry." — Relation of a Journey, fyc, 1634, Lansdowne MS., No. 213. 

t It was a passing joke in the rebel camp at Kelso, when the king's 
General was discovered to be in the neighbourhood, and the discussion 
arose whether to attack or avoid him, — " Let but Hunter and Douglas, with 
their men, quarter near General Carpenter's cavalry over night, and the 
cWil a horse will they find to mount in the morning!" — Patten, Personal 
Narrative. 

X Ante, pp. 191, 233. 



THE HOWARD PAPERS. 337 

choly interest, well calculated to excite the attention of a 
youthful mind. 

When that great patron of the arts, Thomas earl of 
Arundel, made his last tour in " his beloved Italy," he was 
accompanied by his two grandsons, Thomas and Philip 
Howard (first and third sons of Henry Frederick lord 
Mowbray), who, under his patronage, had received a pro- 
testant education at Utrecht, in the United Netherlands.* 
They had been on their travels between two and three 
years, when at Milan, the younger, Philip Howard, much 
to the grief of his noble relative, giving ear to the seductive 
teaching of an Italian Dominican friar, became irreclaim- 
ably a pervert to that order ; and not long afterwards, the 
elder brother, Thomas, heir to his father and to the family 
honors, fell into a " distemper of the brain," and became 
a hopeless lunatic. Under these afflictions, the earl appears 
to have surrendered himself to a melancholy as hopeless as 
the afflictions he bewailed. At the commencement of his 
journey he had parted from his countess at Antwerp, on 
her way to Cologne, never to meet again ; and now finding 
travel irksome, as it had been unavailing to afford relief 
from the canker worm that accompanied him whitherso- 
ever he bent his steps ; he finally closed his tour at Padua, 
where his grandson, the unhappy maniac, was placed under 
proper care. Here the earl was visited by his son, the lord 
Mowbray, and Mr. Henry Howard, his second grandson, 
" his only comfort which now remained," writes Sir Ed- 
ward Walker, f "and which did not deceive him." Even so? 
What then were the hopes of this proud and ceremonious 
earl ? Were they religious, and protestant in his prospec- 

* Walker. It is certain, however, that the earl had purposed the com- 
pletion of their educational course at an English University; for there is 
evidence that his three grandsons, in the previous year, had been entered 
fellow commoners of St. John's college, Cambridge. — Baker MS. 

t Garter King of Arras, sometime Secretary to the earl, who published 
a Short view of his Life and Actions. 1651. 



338 THE HOWARD PAPERS. 

tive heir? His grandson, Mr. Henry Howard, educated 
under the direction of his grandmother, the countess Alathea, 
was a Roman catholic. Apart from the melancholy afflic- 
tion of his eldest grandson, how had his hopes been dis- 
appointed ? How were they to be gratified ? 

Of a stately presence and bearing, sumptuous in his 
mode of life, full of state and magnificence, " grave and 
succinct in council, the supporter of ancient nobility and 
gentry," the earl prided himself on his ancestry, and rankled 
after honors they had borne and lost. 

In 1641 the earl may be said to have completed his 
career as a public man. His last important service had 
been that of lord High Steward on the "great and solemn 
trial" of the earl of Strafford; in which his judgment, gravity 
and impartiality had been generally approved ; and he had 
then* presented to the king his "humble remonstrance and 
petition, supported by the petition of many of his friends, 
setting forth his services to the throne for nearly forty 
years, and praying a restitution of the duchy of Norfolk, 
lost to his family by attainder in the reign of queen Eliza- 
beth. The appeal does not appear to have met with the 
ready acquiescence which, from his long and faithful ser- 
vice, he had been induced to expect ; and it is said, veiling 
his disappointment and disgust (not without a forecast of 
the storm brewing in the political horizon of his native 
land), he resigned his office of Steward of the Household, 
under an expressed desire to travel abroad. In this desire 
fortune favored his wishes by affording him an opportunity 
of quitting an " ungrateful country " without suspicion of 
discontent; for within a month,f he received a commission 
from his majesty to attend the queen mother, Mary de 
Medicis, on her return to France ; and again, in the autumn 
of the same year, when he had finally made his own ar- 
rangements, — to accompany the queen herself and the 
young princess Mary, espoused to William of Nassau, on 
* June 29, 1641. t July, 1641. 



THE HOWARD PAPERS. 339 

their journey to Holland. The earl made his will at Dover, 
the 3rd September, 1641 ;* and quitted the shore of Eng- 
land for the last time, with the countess and his royal 
charge, on the 22od February following. 

The earl had been abroad somewhat over two years, 
when a tardy response to his petition in letters patent of 
the king (who now wanted friends), acknowledged his signal 
services and great merits ; and conferred on the earl of 
Arundel and his heirs — not the restoration of the family 
honor he had coveted, — but a new title without advance of 
rank, namely, the earldom of Norfolk.^; This late and 
reserved acknowledgment of his services, however, could 
neither gratify his ambition nor induce his return to his 
distracted country, at a time when the cause of the king 
was all but hopeless : and as the assumption of a newly 
granted title at such a juncture would probably have been 
taken as evidence of some secret service to the king, cal- 
ling for the immediate seizure of his lands, — (and the par- 
liament did take a compulsory loan of his ready money) — 
he does not appear to have added to his honors the newly 
granted earidom, — even if he did not treat it with indif- 
ference or disregard, — and he died as he had lived, earl of 
Arundel and Surrey. However, the melancholy incidents 
before narrated, shortly intervened to check all his ambi- 
tious views; and a year and a half later, we obtain a glimpse 
of the proud and stately earl — a broken hearted man. 

" It was on Easter Monday, "J writes Evelyn, at Padua, 
" that I was invited to breakfast at the earl of Arundel's. 
I took my leave of him in bed, where I left that great and 
excellent man in teares on some private discourse of crosses 
that had befallen his illustrious family, particularly the 
unhappiness of his grandson, Philip, turning Dominican 
friar."§ 

* Havl. MS., 6272. 

t Letters Patent, dated at Oxford, 6th June, 20 Car. I. (1644). 

X 1646. § Diary, v. i., p. 218. 



340 THE HOAVAHD PAPERS. 

The trial had been great, and proved hirn both as a 
christian and a protestant; for while he submitted with 
patience to the affliction of the elder grandson as a visita- 
tion from the Almighty, he bitterly lamented the defection 
of Philip from the faith he had himself early adopted 
against all the adverse teaching and examples that sur- 
rounded his youth. His father, Philip, earl of Arundel, 
" much devoted to the religion of the church of Rome," 
died prisoner in the Tower of London, in 1595, reduced to 
a very languishing state by the religious austerity of his 
meditations:*' and his mother was that pattern of piety, 
Anne Dacre, whose life, from the pen of her priest and 
confessor, excites so much commiseration. 

Born after his father's committal to the Tower, their eyes 
never met; though the earl, after his condemnation, be- 
sought his peers " to be mediators for him, that he might 
obtain of her majesty, to have talk with his wife, and see 
his infant son, born after his imprisonment, whom he had 
never seen,"f 

Only child of such parents, what might not have been 
expected of him ! By his mother he was carefully secluded, 
a neither exposed to travel abroad, nor to appear in much 
conversation at home." Nevertheless, when grown to 
man's estate — what a falling off was there ! " Partly 
through fear, partly through the desire of the king's favor," 
writes a sorrowing apologist, " he accommodated himself 
by degrees to the times, more than he ought to have done, 
to the incredible sorrow of his aged mother, by whom he 
had been brought up in the old faith, in which he had re- 

* Camden; Life by Father Southwell, 
t MS. cited by Collins. Sir Edward Walker, and, after him, Collins 
represent Thomas earl of Arundel to have been born in 1572; Edmondson 
and Sir E. Brydges have it 1592; Mr. Tiernay, citing the inscription on 
the earl's coffin, says 1585; but his birth appears to have taken place in 
1588, a few months before his father was brought to trial. — (Inq. 18 James I.) 
— Blomef., Hist. Norf., v. i., p, 239, 8vo. From the earl's will, it is as- 
certained that he was born at Finchingfield, in Essex.— Harl. MS. } 6272. 



THE HOWARD PAPERS. 341 

mained some years after his marriage."* At the age of 

twenty he was married to a lady of his mother's selection, 
endowed with many virtues — Alathea Talbot, third daughter 
of Gilbert earl of Shrewsbury. But her steady example 
could not preserve him in the faith of his parents ; and, 
seven years later, he publicly received the sacrament, 
according to the form of the established church, at the 
Chapel Royal, Whitehall, December 25th, 1615. f 

The earl died suddenly, September 14th, 1646, a few 
months after Evelyn's visit, when, it is said, "he had 
thoughts and intentions of returning to England, and had 
made preparations for the journey."! But a decree of Pro- 
vidence rendered other preparations necessary ; and his son 
and grandson arrived in England with his dead bodv, to 
find the family estates already in possession of the Com- 
missioners for sequestrations ; for Henry Frederick lord 
Mowbray had been an active cavalier, and his accession to 
the patrimony of the earldom of his father, afforded imme- 
diate means of exacting the penalty. Henry Frederick, 
earl of Arundel, died in retirement a few years later, while 
the times were yet inauspicious for royalty, or honors thence 
arising ; and it was reserved for his second son, Henry 
Howard, to revive and accomplish the hopes of his illustrious 
grandfather : nor did he permit the winter of his discontent 
to await the advent of bis own right of claim. 

The restoration of Charles the Second to the throne, in 
1660, aroused the drooping energies of many, and among 
them the Howards, to an urgent expression of their sufferings 
and their wrongs, with ardent hopes of their amelioration. 
Henry Frederick earl of Arundel, who died in 1652, had 
left many sons ; but the eldest, on whom devolved the 
family honors, was the unhappy maniac under restraint at 

* Life of the lady Anue Dacre. She died at Shefnal Manor, Shropshire, 
April 13, 1630, at the age of 73. 

t Anecdotes of some of the Howard Family, by Charles Howard, of 
Greystoke, esq., 1769. X Vide ante, p. 51, n. \ 



342 THE HOWARD PAPERS. 

Padua. On his behalf, therefore, it was that "all the des- 
cendants of Thomas duke of Norfolk attainted in the fif- 
teenth year of queen Elizabeth," and their friends, to the 
number of ninety-one, joined in a petition to the king, set- 
ting forth the services and sufferings of the family, and 
praying for a restitution of the forfeited honors. As the 
matter bore lightly on the royal purse, the prayer of the 
petition received his majesty's special grace : an act was 
introduced into the parliament that met at Westminster 
8th May, 1661, for the revival of the dukedom in the per- 
son of the earl and his heirs; but we are told that the un- 
happy object on whose behalf the solicitation had been 
made, was never conscious of the favor his majesty had 
bestowed on him,*' or of the distinguished honor the 
numerous members of his family had politically conspired 
to recover in his person ; and after thirty-two years of total 
incapacity, lost to every sense that raises human life above 
the level of the brute creation, he died at Padua, the 1st 
December, 1677, at the age of fifty years; and his brother, 
Henry, one year his junior, who had been the prime mover 
of the renewed appeal, had only succeeded to the restored 
honor for a short inheritance of six years before the birth 
of his grandson who listened to the mournful tale. 

With so many years behind him, duke Edward's per- 
sonal knowledge embraced the whole time essential to the 
purpose of the proposed inquiry. It must rarely, indeed, 
happen that a man having so vast a power at his command 
under similar circumstances, with a single object in view, 
could have the like probable means of knowledge for exer- 
cising it with legal propriety. All the persons had been 
living within the period of his youth or manhood, from whom 
an intervening heir might have been derived; yet it has 
been stated that there are several scions of the noble stock 
unsatisfactorily disposed of, whence a male representative 

* Fam. Memorials, by Henry Howard of Corby, esq. 



THE HOWARD PAPERS. 343 

would have been entitled to his honors in preference to the 
settlement made by the duke. Let us review the facts. 

If duke Edward, in 1767, with his own personal know- 
ledge and the assistance at his command, had sat down to 
examine the branches of his family tree, he would have 
retraced his descent to the issue of Henry Frederick earl of 
Arundel, who died in the year 1652, and the lady Elizabeth 
Stuart. Besides three daughters, the children of that mar- 
riage were nine sons, of whom — 1, Thomas, was restored 
to the ducal honors, and died unmarried. 2, Henry, heir 
to his brother, married two wives, and had issue by both. 
Of the first marriage, the duke himself was the last male 
representative. By the second marriage, however, there 
were four sons, all summarily disposed of in the family 
pedigree as having died either unmarried or without male 
issue ; and the representation is retraced to the other sons 
of the common ancestor, Henry Frederick earl of Arundel, 
in succession ; of whom Philip, the third son, was a digni- 
tary of the church of Rome, and died in a state of celibacy. 
The representative of the fourth son, Charles How r ard of 
Depden, or of Grey stoke, as he was afterwards denominated, 
next became interested in the succession ; and the heir of 
the Greystoke line was the first object of the duke's settle- 
ment before mentioned. Talbot,* Edward, and Francis/f* 

* Talbot died on Sunday night, 1st February, 1634.— Egerton MS., No. 
1075. Many of the authorities, followed by Mr. Tiernay (Hist. Arundel), 
place his decease a century later; not, apparently, so much an improba- 
bility, when it is remembered that his younger brother, Esine Howard, 
lived to the year 1728. 

t Edward, born in 1G37, was sixteen years old when he was entered a 
student at the college of Douay, Sept. 18, 1653. — Reg. Douay. — Dodd. 
Evelyn received him with his brothers, as a visitor, in 1662 (Diary, v. i., 
p. 365); and in 1664 he accompanied his elder brother, Mr. Henry Howard, 
in his journey to Vienna and the East. — Ante, p. 133. Subsequently, his 
name has been mentioned in these pages in connection with the family 
broils and the claims of the younger brothers on their elder, the duke. — 
Ante, pp. 172, 175. The political associations of Mr. Edward Howard ap- 
pear to have been with his brothers, Charles and Bernard ; the latter more 



344 THE HOWARD PAPEKS. 

the fifth, sixth and seventh sons, are represented all to have 
died unmarried ;* but in reality so little appears to have 
been known of them, that Mr. Henry Howard has stated the 
dates of their birth and death to be alike uncertain, f If, 
however, these three sons had no male representative, then 
the line of Bernard Howard, the eighth son, became in- 
terested in remainder on failure of the Greystoke line ; and 
on Mr. Henry Howard of Sheffield and his heirs, the duke 
so settled his estates. It remains, therefore, to be ascer- 
tained if any of the intervening members of the family, 
named, had any surviving male representatives to disturb 
the integrity of the succession indicated by the settlement 
mentioned, and to warrant the imputation of a Romish 
fraud. But if such existed, to the suppression of a pro- 
testant line, it had been of earlier origin ; thirty-five years 
previously, Thomas duke of Norfolk had made a similar 
settlement by will; and it may well be asked, why he, 
with two brothers, and a nephew born, to succeed to his 
honors, should, in 1730, J have been so "desirous of per- 

particularly, in the temperament of his zeal; and, for his services, appears 
to have been in the receipt of two hundred pounds per annum, by way of 
" bounty " from king James the Second, to the period of the revolution. 
— Secret Service Disbursements. — Camd. Soc. He married into the Wil- 
braham family (Egerton MS. ut supra); where, it is stated, that he died 
without issue surviving. Luttrell, under date January 12, 1691, mentions 
the death of Mr. Edward Howard, uncle of the duke of Norfolk, to have 
recently occurred. — Diary. Francis Howard, born in 1639, was fourteen 
years of age when entered student at Douay college, in 1653. — Reg. Douay. 
— Dodd. The pedigree before cited (Egert. MS.), merely states that he 
died unmarried; with which statement the other authorities concur. 

* Collins; and his editors, Longmate, Sir E. Brydges, &c; Edmondson. 

t Memorials of the Howard Family, by H. Howard of Corby, esq., fol., 
1836. 

% The duke died in 1732; but his will bears date 26th May, 3 George 
the Second, 1730. He settled the estates in remainder on Henry Howard, 
first son, John Howard, second son, and Charles Howard, third son of the 
late Henry Charles Howard of Greystoke, esq., deceased, and their res- 
pective heirs male. — Reg. Cur. Prcerog. Cant. In the settlement of duke 
Edward, 1767, Charles Howard the elder, of Greystoke, esq., is described 
third and only surviving son. 



THE HOWARD PAPEK5. 



345 



petuating the estates in his family," as to look beyond the 
extinction of his own branch, and settle the reversion on 
the youthful heir of the Greystoke line, — an orphan boy 
receiving his education abroad in the most strict discipline 
of the Romish faith? His father, Henry Charles Howard, 
ten years deceased, with all the amiable qualities described 
by his son, had been an uncompromising Romanist when 
the times were propitious for a moderate adjustment of the 
catholic claims. In 1719, observes Mr. Charles Butler, 
" the doctrines of the high church, which were generally 
considered to incline more to the Roman catholics than did 
the low church, offered a favorable opportunity for attempts 
at reconciliation of the two churches. The proposition of 
Dr. Strickland, bishop of Naniur, for the amelioration of the 
English catholics, under conditions, was at this time under 
the consideration of government; and Secretary Craggs 
required that the conditions should be signed by the duke 
of Norfolk and other peers, for the catholic nobility ; and 
by Sir John Webbe, Mr. Charles Howard, and others, for 
the gentry. The duke was willing, but the insurmountable 
resistance of Mr. Charles Howard stood in the way of all 
accommodation." " The duke of Norfolk and lord Wal- 
degrave," again he writes, "were overswayed by Charles 
Howard, who continued obstinate to the last." At a 
meeting that took place, again he writes, " Mr. Charles 
Howard and the duke withdrew several times into the back 
room to consult, when, no doubt, the former got the better 
of the latter, for they agreed at last not to sign ; and the 
matter thus broke off." # The duke and Mr. Charles 
Howard thus became the champions of the Romish church; 

* ]\Iem. of English Catholics, v. iv., pp. 266-2G8. " I have determined," 
writes Secretary Craggs to earl Stanhope, " to put the thing in execution 
which I said in my former letter, of tendering the oath to Howard, and 
seizing hishop Gifford, and Grey (the earl of Shrewsbury). To which end 
I have desired Delafaye to pick out a couple of discreet Justices of the 
Peace of his acquaintance, that will, as of themselves, take up Howard, &c. 
without carrying their zeal too far." — Ibid. 



346 THE HOWARD PAPERS. 

and if plot existed to withstand all accommodation in a 
matter of public policy, it is not without possibility that a 
protestant line intervening in the family inheritance between 
men so much in agreement in maintaining the inviolabi- 
lity of their faith, might have met with little sympathy at 
their hands. But Mr. Charles Howard died the following 
year ; and his representative, who, forty-seven years later, 
actually succeeded as heir to the inheritance of his noble 
associate, was yet unborn. If, however, a protestant line 
had been disinherited by the settlement of duke Edward in 
1767, it may, with equal propriety, be assumed that it had 
been suppressed by the will of duke Thomas in 1732. 
Like other of the ducal Howards, the protestant line ap- 
pears to have been of a mixed quality, the offspring of 
Roman catholic parents ; and originated in the second 
marriage of Henry duke of Norfolk, who died in 1684. 

The marriage of duke Henry with his " concubine/' as 
Evelyn described the fascinating Mrs. Jane Bickerton, had 
been a source of considerable annoyance to several pf his 
brothers; and the vengeance they had been unable to 
wreak upon him, they visited on the unoffending woman, in 
attempts to dispute her marriage. " That some ungenerous 
reports," observes Mr. Tiernay, "founded, perhaps, on the 
officious gossip of Evelyn, and raised apparently for the 
purpose of depriving the widow and her children of their 
inheritance, were, after the death of the duke, circulated by 
several members of his family, is true ; but the legitimacy 
of her children was never, at least successfully, impugned."* 
Cardinal Howard, writing to the duchess from Rome, in 
March, 1684 (about two months after the death of the 
duke), says : " I am amazed at what you write of my two 
brothers stirring in that which I conceave can bring them 
no good, but discredite in adding affliction on the poor 
innocent ;"+ and in the following month, writing to his 

* Hist. Arundel, p. 537. 
t Orig. at Norfolk House. — Tiernay, Hist Arundel. 



THE HOWARD PAPERS. 347 

niece, the lady Catharine, a girl fourteen years of age, the 
Cardinal expresses a hope that her mother, the duchess, 
"will finde good frends and no enerays, although at first 
she had some reason to apprehend the contrary. " # 

The eldest son of the duchess, then a youth eighteen 
years of age, had probably been sent by his father to re- 
place his half-brother, Thomas, in the train of the Cardinal, 
and was then at Rome. " I have y r Gr s of the 5 August," 
wrote the Cardinal to the duchess, " w Gh I shewed L. 

George, who desire th nothing more then to receave 

y r G. blessings and comTands, w ch I doubpt not but he will 
most willingly and dutifully obay, as he ought, in all res- 
pects : so much the more, since I am sory to understand 
that you have some false frends, and secret enemys, w ch 
cannot be otherwise but unto his prejudice also, if they 
prevaile any thing agaiust y r G. ; but I hope God Almighty 
will protect both the widdow and fatherlesse childeren, 
unto w** all that I can, at this distance, adde, for both 
theyr services, you may surely depend to the utmost of my 
poore abilitys. For, although I am not ignorant .of some 
reports, w ch severall have made theare, in prejudice of y r 
G., yett, I neyther ought or can beleeve any thing so pre- 
judiciall to y e honour and interest of y r selfe, and the de- 
ceased memory of so deare a husband, and his childeren . . . 
" I am y r G s as you know, 

"T. G."f 

The duchess had been a widow eight months ; she had 
sent the heart of her husband to PrincenhofF, the scene of 
her happiest days ; and she designed that her own should 
follow it ;J she had given birth to her youngest child ;§ 

* Orig. at Norfolk House. — Tiernay, Hist. Arundel. 

t Thomas Grane, vide ante, p. 168. Letter dated 16th Sept., 1684. 
— Ibid. 

X Statement of Mrs. Berington. — Tiernay, ut supra. Ante, p. 204. 

§ In his will, the duke included in the settlement " any son that might 
be born of which his wife might be enceinte at the time of his decease." 



348 THE HOWARD PAPERS. 

and, in the words of the Cardinal, she had been surrounded 
with false friends and secret enemies, brothers of her de- 
ceased husband, eager to plunder the widow and her father- 
less children. The duke, by his will, had invested her 
with considerable power, in entire confidence that she 
would use it for the benefit of his young family; and in the 
persecution that surrounded her, though she gave her hand 
to a second husband, there appears no evidence or rumour 
on record that she abused the trust. She was a good 
catholic, like her deceased duke, loyal withal to the Stuart 
race of kings ; and a few years later she is found to have 
given her hand to Col. Thomas Maxwell, "of a good family 
in Scotland, probably a branch of the Maxwells of Niths- 
dale," # afterwards Major-General and Commander of the 
dragoons in Ireland. Col. Maxwell distinguished himself 
much in the service of king James ;f the eldest son of the 
duchess also participating in the desperate attempt to 
restore a fallen royalty ; and when all was lost, Luttrell 
writes : " Letters from Ireland say, that the lord DoverJ 
and lord George Howard, with several others, had submitted 
themselves to the king's mercy. "§ In the following year, 
the duchess, who appears to have been abroad during the 
last struggles of the fallen dynasty, returned to England ; 
and in her company " some gentlemen who were taken up 

* D'Alton, Illustrations of king James's Irish Army List, p. 408. 

+ Col. Thomas Maxwell was in the confidential service of king James, and 
in the receipt of his majesty's bounty, in 1685 (Secret Service Expenses). 
As Major-General, Maxwell was present at the Boyne ; and after the capi- 
tulation of Limerick, he passed over to France, and commanded a regiment 
of Irish dragoons in the service of the French king. He was killed at the 
battle of Marsiglia, in Piedmont, in September, 1G93. — D'Alton, ut 
supra, p. 411. Bgerton MS., 1075. 

+ Henry Jermyn, nephew of Henry Jermyn, earl of St. Alban's; the 
gallant cavalier who sought the smiles of the countess of Shrewsbury, and 
encountered Capt. Thomas Howard, her servente for the day, in desperate 
conflict, years agone {Ante, p. 208). Jermyn was created baron Dover, by 
James the Second, in 1685. 

§ July 24, 1690.— Diary, v. ii. 



THE HOWARD PAPERS. 349 

on suspicion. "* It was at this time, probably, that she ad- 
dressed to Mr. Secretary Pepys the letter from "Waybreg," 
respecting " a parsell of Scottch plad, often or leven peses," 
which drew from the noble editor of the celebrated Diary, 
the ungallant remark that the ennobled writer, though 
" famed for her beauty and accomplishments, orthography 
was not included. "f The duchess died at the Holmes, near 
Rotherham, August 28th, 1693, in the forty-ninth year of 
her age ;J when her eldest son, the lord George Howard, 
under the first limitation of his father's will, succeeded to 
the unentailed portion of the family estates at the disposal 
of the late duke, which had excited the desire of his dis- 
satisfied uncles to intercept from his inheritance. 

The peerage writers record that the lord George Howard 
died without issue. Mr. Banks curtly states that he mar- 
ried " Mrs. Thompson ;"§ and Mr. Henry Howard of 
Corby excites curiosity with the remark, that "the lady's 
portrait, with her history," is to be found at Mr. Galley 
Knight's, at Firbeck Hall.|| Her history, indeed, is a sad 
tale of woe. Mrs. Thompson was an heiress, — the lady 
Arabella Alleyn, only child of Sir Edmund Alleyn, of Hat- 
field Peverell, in the county of Essex, bart. and the lady 
Frances, his wife, daughter of Thomas Gent, of Lincoln's 
Inn, esq.,^f by Isabella, daughter of Francis Thompson, 
esq., of Scarborough, co. York. Her story is found in the 
" Case of the lady Arabella How 7 ard," presented to parlia- 
ment, in the form of a petition, on behalf of her protestant 
relations, against the provisions of a bill that, in effect, dis- 

* Luttrell, April 11, 1691.— Diary, v. \i.,p. 207. 

t Pepys, Diary, v. v., p. 309. Tbe date of the letter is printed "July 
15, 81 ;" probably for 91 ; as the duchess could not have referred to her 
" lord duke desest," while he was yet living. 

% She was buried at Arundel. The inscription on her coffin has been 
copied by Mr. Tiernay. — Hist. Arundel. 

% The Mysterious Heir, 8vo,, 1816. || Fam. Mem., fol., 1836. 

% Mr. Thomas Gent, who died vitcL patris, was son of Henry Gent, of 
Moyns, co. Essex, esq., and Dorothy, coheiress of Sir John Dalston. 

Z 



350 THE HOWARD PAPERS. 

inherited popish heirs. From this source it, is ascertained 
that Sir Edmund Alleyn and dame Frances, his wife, both 
protestants, died leaving an infant daughter two years old, 
sole heiress to an estate of about one thousand four hun- 
dred pounds per annum* Her mother, the lady Frances, 
who was the survivor, entrusted her child to the care of 
Sir William Dalston ;f out of whose custody, one William 
Thompson, of Scarborough, esq., J deceased, by indirect 
means, obtained the infant heiress, and carried her away 
to his house in Yorkshire. A contest thereupon arose for 
the custody of the ward : Mr. John Alleyn, her father's 
next kinsman, and Sir William Jones,§ who had married 
her father's sister, successively prosecuted Thompson for 
the abduction; but the latter, evading the law, "at the age 
of seven years, procured the said Arabella to be married 
to his son, Francis Thompson ;"|| and the more effectually 
to secure himself from the legal consequences of his act 
of defiance, conveyed the youthful fiancee to France, and 
concealed her in a nunnery, where she became instructed 
in the religion of Rome, which she afterwards professed ; 
while he also fled beyond seas. From her foreign durance 
the petitioner was brought back to England and kept 
concealed in a little cottage upon a common, without being 
allowed to see her relations, or having any to converse with 
but the sisters of the said William Thompson, (who was a 

* Sir Edmund Alleyn died Nov. 2nd, 1656; the lady Frances, the 15th 
January following. Their daughter, the lady Arabella, was born Nov. 5, 
1655; and with all her sorrows she lived to the good old age of 91. 

t Of Dalston, co. Cumberland, bart., and Heath Hall, co. York ; a royalist, 
who paid £3000 composition for his delinquency. He died in 1683. 

% Of Humbleton, in Holderness. He married the heiress of John Barker, 
of Scarborough. 

§ Sir William Jones, Attorney-General to king Charles the Second, 
married Elizabeth Alleyn, widow of John Robinson, of Dunster Hall, esq. 

|| At seven years infancy endeth ; and a woman is of age to give con- 
sent to the contract. — Lindw. At nine years she might claim dower out of 
her husband's estate, in the event of his death. — Sivirib., Mat. Contr. 



HE HOWARD PAPERS. 



351 



Roman catholic,) until the age of twelve years ; and then, 
by threats and artifices, she was prevailed on to consent 
to a second marriage ; # by which her husband and his 
father gained above twenty thousand pounds personal estate, 
besides seven thousand pounds worth of wood, cut off from 
her inheritance ; which, by such wastes and other neglects, 
was reduced from one thousand four hundred pounds to 
one thousand pounds per annum. Nor was this all, for she 
adds, that during the life of her husband, Francis Thomp- 
son,*!' she was treated in a very inhuman manner by his 
relatives, because she refused to levy a fine and settle her 
real estate on the family of the Thompsons; and was be- 
holden to Sir William Jones for bread, until, by his assist- 
ance, her husband was compelled to allow her a mainten- 
ance — two hundred pounds per annum, and no more, — out 
of her whole estate. 

By this miserable alliance, " the said Arabella had issue 
one son, namely, William Thompson (who was a protes- 
tant),J possessed of a very considerable real estate, to the 
amount of twelve or fourteen hundred pounds per annum, 
most part of which had been purchased and cleared of 
debt with her fortune ........ ."§ 

The bill before parliament, which proposed " to appoint 
Commissioners to inquire into the estates of certain traitors 
and popish recusants, and of estates given to superstitious 
uses, in order to raise money out of them severally for the 
use of the public/'|| was a measure that might have been 

* At the age of twelve years a woman is at years of discretion to confirm 
or dissent from the pre-contract. — 1 Inst. 

+ Francis Thompson, esq., was member for Scarborough to the parlia- 
ment summoned by the prince of Orange, January, 1689. 

% William Thompson, esq., member for Scarborough in the first parlia- 
ment of queen Anne. 

§ This estate, the petitioner adds, she had released from her claim to 
dower; and had joined with her son in passing a fine, so as to leave it free 
for him to settle in jointure or dispose of for his own advantage. — Case of 
the lady Arabella Howard. || Stat. 3 Geo. I., passed 3rd June, 1716. 

z2 



352 THE HOWARD PAPERS. 

directed personally against herself; since the lady Arabella 
declared " it would affect her more than any other person 
in England," By a clause in this bill the petitioner alleged 
she would be disabled from making any mortgage or sale 
of any part of her estate for the supply of her own personal 
occasions, or any settlement thereof, upon her own relations 
or family, who were all protestants, and had no suitable es- 
tate to maintain their dignity; the real estate of her family 
having descended to her as heir-at-law, while the dignity 
went to the heir male, If this bill should pass into a law, 
said the petitioner, in addition to his own ample provision, 
her son would have power to sell or give away the remainder 
and reversion of her said estate, even in her lifetime: and 
she humbly submitted to parliament, that the Thompsons, 
who had already received from her family about thirty 
thousand pounds, and had treated her so ill, should not 
now, by a new law, have power to prevent her from the 
disposal of her own inheritance for the payment of her own 
debts and necessary subsistence, and for the support of her 
own protestant relations, who had great need of it, in such 
manner as she might think fit ; and yet she was always 
minded to give her son very considerable advantages from 
her estate; but desirous that he might receive it as the 
effect of her kindness, and she not be disabled from making 
provision for her debts, and her other protestant relations, 
The petitioner hoped, therefore, upon consideration of the 
hardship of her case, that nothing would be done to her 
prejudice; but that the House would think it just to 
prevent the passing a clause which affected her more than 
any other person in England ; or by some proviso to exempt 
her and her protestant relations from the severity of suf- 
fering by it. # 

* Case of the lady Arabella Howard, on behalf of her protestant relations. 

B. M. Lib. 816, m. 5.-84. The lord George Howard and others also 

prayed by petition to be beard by counsel against some parts of the 
" Papists' bill."— Lords' Journ., v. xx., pp. 371, 373. 



THE HOWARD PAPERS. 353 

This was the case of a lady — an involuntary Romanist, 
yet a willing recusant, — advocating her own present rights 
through the interest of one set of her protestant relations, 
(who do ultimately appear to have benefited by her 
bounty,*) against the power which the proposed law would 
give to her protestant heir. The lady Arabella was emi- 
nently unfortunate : her first husband had not been of her 
choice; her second had hardly turned out to her mind; 
for Luttrell, penning the current of domestic events, has 
placed on record the following memorandum : " 1706-7. 
Thursday, January 23. This day, being the first day of 
term, the lord George Howard's lady swore the peace 
against him/'f The probabilities are that there was not 
any issue of this hopeful match. The lord George Howard, 
in his will, mentions neither wife nor children ; and the 
estates he had inherited at his mother's death, by the will 
of his father, he devised to his surviving brother,;]; the lord 

* The lady Arabella Howard, in 1714 and 1710, sold several estates in 
Essex; and between the years 1715 and 1720 (perhaps as a measure of se- 
curity), conveyed Hatfield Priory and the remainder of her estate to Arthur 
Dabbs, formerly clerk or book-keeper to Sir John Floyer, who held them 
till his death, in February, 1751, when, by a reversionary clause in the lady 
Arabella's will, they passed to her kinsman, Sir Edmund Alleyn, of Little 
Lees Hall, bart. — I\Iorant, Hist. Essex, v. ii., p. 132. The lady Arabella 
died 9th July, 1746, and was buried at Hatfield, 
t Diary, v. vi., p. 134. 

$ An intervening brother, the lord James Howard, on whom the estates 
had been settled in reversion by the duke, his father, had been deceased 
some years, — " a bachelor, drowned in the river of Lynn, in Norfolk." — 
Egert. MS., 1075. Collins relates that he lost his life in attempting to 
ride over Sutton wash, in Lincolnshire, in August, 1702. — Peerage, v. L, 
p. 155. Luttrell mentions his death, in the same month, " crossing a river 
in Lincolnshire." — Diary, v. v., p. 209. At the age of two-and-twenty, 
the lord James Howard vindicated the honor of his name with a nobility 
and discretion that bespoke true valour. " A few days since," writes Lut- 
trell, August 1, 1695, " Sir Richard Atkins fought the lord James Howard, 
brother to the duke of Norfolk, upon the same account that he caned Mr. 
Medlicot; and after some few passes, his lordship having the advantage, 
they friendly drank a glass of wine together, my lord denying the accusation 
laid to his c\varu;e."-^-Ibid., v, iii., p, 506. Sir Richard Atkins, the second 



354 THE HOWARD PAPERS. 

Frederick Henry Howard,* with limitations that, taking 
effect, would afford presumptive evidence of the extinction 
of intervening heirs male, or loud suspicion of the dis- 
herison alleged. 

The lord George Howard died at Croydon, in Surrey, 
the 6th March, 172?, in the fifty-fourth year of his age, 
and was buried, according to his desire, with his ancestors 
at Arundel.t By will, dated the 24th December, 1720, 
he devised the estates he had received from his father,J to 
four trustees, in trust, to raise a certain sum of money to 
answer debts and legacies; and subject thereto, in trust 
for his dear brother, the lord Frederick Henry Howard, 
and his heirs male; and in default, as to Glossop alias 
Glossop-dale, in the county of Derby, in trust for his 
nephew, George Howard Standish,^ second son of his sister, 
Phillippa Howard,|| and her husband Ralph Standish, 

baronet of his family, was a Colonel in the army. He died the following 
year. 

* By a clause in his will, before mentioned (ante, p. 347, n. §), Henry 
duke of Norfolk had provided for the reversion of his estates to his unborn 
child, if a son; with remainder to his daughters; but by one of his codicils, 
in revoking the devise to daughters, he overlooked the infant ventre sa 
mere, and gave the reversion, after failure of the issue of James, to his 
elder son, Thomas. 

t Coffin-plate inscription, copied by Mr. Tiernay. — Hist. Arundel. 
" 1720, March 13. The lord George Howard (carried away to be buried)." 
Croydon Parish Register. 

i Namely, the manors of Rotherham, Kymberworth, the Rectory, &c. of 
Rotherham, co. York ; Glossop, alias Glossop-dale, co. Derby ; a house at 
Newmarket; Conisford Gardens, Norwich; houses, tenements and wharf, 
at Lambeth ; lands in Bedford Level, &c. The palace at Weybridge had 
been sold, in his mother's lifetime, to the countess of Dorchester. 

The Yorkshire and Derbyshire manors were portion of the inheritance of 
the " heiress of Hallamshire," and came to the Howards by the marriage of 
Thomas earl of Arundel with the lady Alathea Talbot. 

§ He died unmarried. Besides legacies to other god-children, the lord 
George Howard left to his nephew, George Howard Standish, a bequest of 
one thousand pounds. 

|| To his sister, the lady Phillippa Standish, the lord George left a rent 
charge, payable out of Rotherham and Glossop of £200 per annum, after 



THE HOWARD PAPERS. 355 

esq.,* and his heirs male; in default, in trust for Ralph 
Standish the younger ;f eldest son, and his heirs male ; on 
condition that they take the name of Howard : in default, 
then to his nephew, Thomas duke of Norfolk and his heirs 
male, or the dukes of Norfolk in succession. And as to 
the manors of Rotherham and Kymberworth, with the 
Rectory of Rotherham, &c, in default of male heirs of the 
lord Frederick Henry Howard, to his nephew, Philip 
Howard, and his heirs male ; and in default, to Bernard 
Howard and his heirs. J 

The lord Frederick Henry Howard, a posthumous child, 
was eighteen years the younger of his brother George, and 
thirty-six years old when he became the devisee of his will. 
He was then Captain in the third regiment of foot-guards ;§ 
and, like his elder brother, had taken to wife a widow, 

the decease of the lord Frederick Henry Howard. She died iu 1731. 
Ralph Standish, her husband, was still living iu 1752, at the age of eighty- 
two. Of many daughters of the lady Phillippa, the only survivor was 
Cecilia, who married William Townley, of Townley, and was mother of 
Charles Townley, in whose person the elegant taste of his ancestor, Thomas 
earl of Arundel, became a predominant passion, and produced the cele- 
brated collection of marbles, known as the Townley collection. 

* Ralph Standish, of Standish Hall, co. Lancaster, associated with Mr. 
Edward Howard in the rebellion of 1715, was a sufferer by the confiscation 
of his estate; and the lady Phillippa, his wife, became a humble petitioner 
to parliament for relief on behalf of herself and her five poor innocent 
children. — Comm. Journ., v. xviii., p. 734; v. xix, p. 107. 

t Ralph Standish Howard, the 4th June, 1730, married Mary, eldest 
daughter of George Butler, of Ballyragget, in Ireland, esq., of the Mount- 
garret branch of the House of Ormond. A contemporary chronicler of 
events gives the more euphonious address of " Bagshot, in the county of 
Surrey." — Hist. Reg. Two sons, Ralph and Edward, who died in their 
infancy, are named as the issue of this marriage. Mr. Ralph Standish 
Howard died of small pox, at Kilkenny, in 1735 ; and it is recorded by the 
chronicler before cited, that in " October, 1735, the widow of Ralph Stan- 
dish Howard, esq. was delivered of a posthumous son aud heir." — Ibid, ad 
an. There appears, however, to have been a failure of heirs male ; and the 
manor of Glossop came to the possession of Edward duke of Norfolk. 
X Ex Reg. Cur. Prserog. Cautuar. 
§ Commission dated 1717, July 18. — Hist. Reg. 



356 THE HOWARD PAPERS. 

Catherine, fifth daughter of Sir Francis Blake, of Ford 
Castle, co. Northumberland, knt., relict of Sir Richard 
Kennedy,* killed in personal encounter with Mr. Dormer, 
at Woodstock, in 1710.f The allegation of a writer before 
quoted, J was, that there had been issue of this marriage : 
had there been so, a male heir would have become entitled 
to the estates at his father's death, under the will of the 
lord George Howard ; indeed, many years previously, Mr. 
William Playfair had observed, that a male heir of this 
alliance would have become entitled to the dukedom of 
Norfolk :§ a male representative, existing in 1777, would 
clearly have been so entitled, in preference to the Howards 
of Greystoke. In this state of things ; with the legal estate 
vested in trustees, and the reversion in his own heirs male, 
it is not very clear how or wherefore the lord Frederick 
Henry Howard should have acquired or desired the power 
of diverting the remainder from the nominees of his brother, 
to other more remote relations of his own appointment. 
Beyond including daughters in the settlement, with some 
interest for the lady Catherine, his wife, the advantage of 
his own family could not have been improved. Family 
reminiscences, which his brother had not avenged, more 
than religious zeal, may have been, in the remote degree, 

* Sir Richard Kennedy, of Mount Kennedy, co. Wicklow, bart., was 

eldest surviving son and heir of Sir Robert Kennedy, by Frances, daughter 

of Ralph Howard of Shelton, ancestor of the viscounts Wicklow. After the 

death of Sir Richard Kennedy, a suit in law was commenced for the Mount 

Kennedy estate, between the heirs in remainder and the heir-at-law, his 

daughter, Elizabeth Kennedy, who became wife of Sir William Dudley of 

Clopton, co. Northampton, bart.; when a rent charge of five hundred 

pounds per annum was settled on her, in satisfaction of her claim on her 

father's estate. — Lodge, Peerage of Ireland, v. vi., p. 86. Sir William 

Dudley was son of Sir Matthew Dudley and Mary, one of the coheirs of 

Henry, seventh earl of Thomondj the other coheir, Penelope, being the 

wife of Henry Howard, earl of Suffolk and Bindon. — Ibid. 

t Luttrell, Diary. 

X T. C. Banks.— Mysterious Heir.-— 1816. 

§ Fam. Antiq., 4to. ; v, viL, A pp. p. cliii., Art. Blake. 



THE HOWARD PAPERS. 357 

a predisposing cause ; for while he allowed the reversion 
of the Glossop estate to the children of his sister, Phillippa 
Standish, (strict Romanists) to take its course, he diverted 
the reversion of the Yorkshire manors from his nephew, 
Philip Howard, and the remainder from the line of his 
uncle Bernard ; who, as popish recusants, were without 
remedy in law or equity for a wrong sustained. If, there- 
fore, in 1730, there had been any connivance between the 
head and the junior branches of a Romish family to super- 
sede the inheritance of a (supposed) intervening protestant 
line, the head of that protestant family had, three years 
before, set an obnoxious example that might have excited 
retaliation, if there existed the opportunity of exercising 
the animosity of religious zeal. The theory, however, is 
dispelled by the result ; for if a protestant heir was disin- 
herited, a protestant reversioner was the immediate occasion 
of setting him aside. Notwithstanding the trust created 
by the will of his brother, the lord Frederick Henry Howard 
also made a will, in the form of a settlement, whereby his 
wife, the lady Catherine, was to have the enjoyment of his 
estate for her life; and after her decease, he devised the 
manor and rectory, &e. of Rotherham, the manor of Kym- 
ber worth, &c. to his " first, second, and third sons in suc- 
cession, and their heirs male; to daughters in succession 
and their heirs male; and in default, to Francis lord 
Howard of Effingham, for life ; to his son, Col. Thomas 
Howard of Bookham and his heirs ; remainder to his own 
right heirs, hehig protestants, for ever."* The lord 
Frederick Henry Howard died the 16th March, 1727. It 
has been assumed that he died without issue :f " a por- 
trait of him, half-length," says Mr. Howard of Corby, "is 

* Ex Reg. Cur. Prserog. Cantuar. Will dated November 4th, 1726. By 
a codicil, dated the 14th February, the lord Frederick Henry Howard de- 
vised to his wife absolutely some property in the counties of Nottingham 
and York ; and the tenements, wharf, &c. at Lambeth, in Surrey, 
t Egert. MS. 1075. 



358 THE HOWARD PAPERS. 

in possession of lord Effingham, at the Grange, Yorkshire, 
to whose family, I was told by the late earl, the lord 
Frederick Henry left his property. " # Mr. Howard of 
Corby, however adds, that the lord Howard had a daughter, 
Elizabeth, who died unmarried :f while Collins and other 
authorities represent her to have been married to Sir Wil- 
liam Dudley, of Ciopton, in the county of Northampton, 
bart.J The lady Catherine Howard made her will the 
1st July, 1727, leaving all her estate to her daughter, the 
lady Dudley, and died in January, 1731. But the evi- 
dence is very clear that the lady Dudley was a daughter 
of the first marriage of the lady Catherine with Sir Richard 
Kennedy ; indeed, elsewdiere, Collins himself has so stated 
the fact, on the authority of her husband, Sir William 
Dudley ;§ and a contemporary chronicler of genealogical 
events has placed on record the whole history. || If there 
had been any children of the lord Frederick Howard, they 
were named neither by father nor mother ; and on the de- 

* Family Memorials, 1836. Francis lord Howard of Effingham was an 
officer of the third regiment of foot-guards. According to the Blake 
pedigree, he married a sister of the lady Catherine Howard, Susan, sixth 
daughter of Sir Francis Blake, of Ford Castle, widow of Sir Charles Dais- 
ton, of Dalston. — Playfair. The Howard pedigrees, however, do not con- 
firm the statement; and the Dalston pedigree, if correct, renders it impos- 
sible, t Ibid. 

+ Peerage, v. i., p. 155: Id. ed. Sir Egert. Brydges, v. i., p. 135: Ed- 
mondson. § Baronetage, v. iii., p. 125. 

|| 1731, January 22. Dy'd the lady Catherine Howard, widow and relict 
of the late lord Frederick Howard, and formerly of Sir Richard Kennedy, 
of Mount Kennedy, in Ireland, bart. She left issue only, a daughter, by 
Sir Richard, Elizabeth, married to Sir William Dudley, of Ciopton, co. 
Northampton, bart., to whom, and her issue by Sir William, she hath left 
the bulk of her estate. By her death, a rent charge of £350 per annum 
fell to Robert Jones, esq., of Westminster. — Gent. Mag., v. i. This rent 
charge was payable out of the Mount Kennedy estate. The reversion, 
probably, was only nominal; for Mr. Jones had long held the estate, and 
withheld payment. — Comm. Journ., v. xx., p. 779; v. xxi.,p. 521. Under 
the will of her father, Sir Frauds Blake, the lady Catherine Howard had 
an annuity of £60 per annum. 



THE HOWARD PAPERS. 359 

cease of his wife, the lady Catherine, the inheritance of 
any heir of her second husband in his Yorkshire manors, 
passed to the Howards of Effingham. Rightfully or 
otherwise the occurrence took place when Mr. Edward 
Howard was forty-five years of age ; at a period singularly 
co-incidental with the settlement of duke Thomas, and with 
his own accession to the family honors, when his brother's 
reversionary arrangements must necessarily have been 
brought to his immediate knowledge.* Mr. Bernard 
Howard of Winchester had run his race ■ and the checkered 
career of his son, Mr. Henry Howard of " Sheffield," had 
been all within view of duke Edward's knowledge or per- 
sonal observation. Mr. Charles Howard of Greystoke had 
passed from childhood to old age, if not under his eyes, 
within the possibility of his cognizance; while Mr. William 
Howard, more nearly in contact, it has been admitted,f 
received his income — whether of right or as bounty — from 
his hands ; and his son, the young Walter, from childhood 
had been an object of the duke's caresses and regard, 
Were they or not of his noble lineage ? Were they des- 
cendants of the "protestant" branch? Were they of the 
Greystoke line ? If Mr. William Howard had been a 
younger scion of the house of Greystoke, there had been 
no irregularity in the settlement which has been called in 
question ; since his son, Walter, would have become enti- 
tled as heir to Charles duke of Norfolk in 1815, in prefer- 
ence to the line of Sheffield ; while, as alleged in the work 
before quoted, J if the descent of Mr. Walter Howard had 
been deducible from a son of the second marriage of Henry 
duke of Norfolk, his right certainly accrued in preference 
to that of Mr. Charles Howard of Greystoke ; and such a 
priority, from some traditionary source, does appear to have 
been entertained, several years before the publication of Mr. 
Banks indicated a possible descent from that source. Thus, 

* Mr. Edward Howard was nominated executor, and proved the will, 
t Ante, p. 13. J The Mysterious Heir.— 1816. 



1 



360 THE HOWARD PAPERS. 

in the lifetime of the last Charles, duke of Norfolk, it was 
publicly stated in print, that " Mr. Walter Howard had 
represented himself to be a nearer relative to the former 
dukes of Norfolk than the present possessor of that title;"* 
and the later advocate replied to his own question of the 
identity of the same unfortunate gentleman, " that they 
who undertook the charge of his education best knew his 
descent, though there might have been some object for 
concealing it.*j* Whatever influences may have surrounded 
him, Duke Edward could have had no other motive, if any, 
than the one imputed to him — a desire of perpetuating the 
family honors in a Romish course of descent, — a desire 
that, — if entertained, as though all his earthly aspirations 
had been foredoomed to disappointment, — was not fulfilled. 
The days of our age, saith the psalmist, are three score 
years and ten. Edward duke of Norfolk had long out- 
numbered the allotted span of human life. In 1777 he 
had attained the patriarchal age of ninety-two; and in 
May of that year his last will and testament was made in 
due form, befitting his high rank, " on two skins of parch- 
ment and engrossed in duplicate. "J In that document the 

* Examiner Newspaper, August 30, 1809. 

t The Mysterious Heir; or, Who is Mr. Walter Howard? 1816, p. 9. 

t The duke's will bears date the 21st May, 1777; " Henry Howard of 
Sheffield," and Thomas Eyre of the same place, were the executors appointed; 
and they proved the will in the Prerogative Court of the Archbishop of 
Canterbury, the 9th October, the same year. The maintenance of the 
family honors had been the object of the settlement of 17G7 ; the same end 
is apparent in the will; and to further that view, the executor under the 
latter and the remainder man under the settlement (one and the same per- 
son) and the immediate heir, are placed in the amiable juxtaposition of 
the cat and the mouse. It is directed by the will, that the executors may 
retain possession of all the duke's mansion houses, and keep house therein 
for the space of three months after his decease, for the purpose of making 
exact inventories of the contents, which are to pass with the same in 
the nature of heirlooms, and are to be maintained in tact; any plate, &c. 
which may have become old fashioned or require renewal, to be replaced 
by the tenant in possession for the time being, with other of the same or 
greater value. And the residuary legatee (the remainder mau and executor 



THE HOWARD PAPERS. 361 

settlements he had made ten years before are referred to, 
"Charles Howard, esq., of Greystoke," being mentioned as 
his successor, without further recognition. " Mr. Henry 
Howard of Sheffield/' whom he had aforetime patronized 
in sundry ways, — at this time nominated one of his execu- 
tors and constituted residuary legatee, is described his 
"kinsman." Mr. William Howard, whom it has been 
represented was a pensioner on his bounty — had he been 
so, was left to destitution, being wholly unnoticed ; while 
Walter, his son, whom the duke had fostered from early 
childhood, nevertheless a legatee, has no description by 
which any recognition of relationship or family identity- 
might possibly be discovered. In cold acknowledgment it 
professed to promote the views with which he had been 
shipped abroad ; in chilling charity it supplied the means 
— ample perhaps for the time — of attempting in action 
those honorable commercial suggestions of the prospective 
successor to the ducal honors — to become a "useful great 
merchant," with every discouragement from adopting the 
life of a " poor hang-on gentleman ;" # for the condition of 
the legacy plainly said, " Howard though you be : aspire 
not beyond the humble path assigned to you, or on a pit- 
tance starve." After a few annuities to persons who had 
hitherto received his annual bounty, and legacies to friends 
and servants ;f "I leave/' recites the duke's last will, "to 
Mr. Vincent Eyre, (trustee of his other like bequests) the 
sum of one thousand five hundred pounds South Sea An- 
nuities, with the accumulations thereon, in trust for Walter 
Howard, now residing with Mr. Searle, at Oporto, to be 
sold, and the proceeds paid to him, in case he shall enter 

before named) is further favored by directions, that any person who becomes 
so possessed of personalty, as wines in his cellars or rjrovender in his stables, 
and so forth, shall pay for any that shall not have been paid for at the 
time of his decease. In such manner did the duke's will equalise the sweets 
to his immediate heir. Ante, p. 29. 

* Ante, p. 41. t Vide ante, pp. 14, 43. 



362 THE HOWARD PAPERS. 

into any respectable trade with the concurrence of my said 
trustee ; and if he shall not enter into any such trade, then 
the interest only to be paid to him during his life; and 
after his decease the said stock may be disposed of in such 
charitable purposes as my said trustee shall think fit." # 

The long life of the duke was now fast drawing to its 
close. The act of the twenty-first of May was the last 
worldly performance that society and his friends demanded 
of him ; and from that date he might be considered free to 
make his bow and retire behind the curtain. Exceeding 
in years the allotted age of man, his way of life had long 
fallen into the sear and yellow leaf; — the last pendant 
folium of a withered branch, that the heat of autumn dried 
up and cast to the ground. 

The will of duke Edward, beyond the legacy to Walter 
Howard, to promote his future honorable exertions, has 
little bearing on the case. It is, however, only just to 
assume that the duke would not have left the father desti- 
tute, had he been hitherto dependent on him for support. 
The income that Mr. William Howard received by the 
agency of the duke's steward, must therefore have had 
another source than the pellucid stream of charity that 
flowed on the son; but in default of any knowledge of the 
origin of an admitted fact, the question of family identity 
receives no light; the allegation of a family compact no 
disproof; and it remains to be asked whether duke Edward 
had exercised independent action in the settlement he 
had made, or had blindly followed the previous dictation of 
his brother Thomas. Suddenly and unexpectedly called 
upon in his extreme old age to seek an immediate heir 
among collateral relations, had he, in fact, that faculty of 
knowledge which his years rendered so probable? Had he 
at that time, in his disappointment and despair, sufficient 
energy remaining to exercise his presumed knowledge to a 
disposition consistent with legal heirship ? or did he become 

* Ex Reg. Cur. Prserog. Cantuar. 



THE HOWARD PAPERS. 363 

the dupe of any interested persons immediately around 
him? Yet it can scarcely be doubted, if the question raised 
half a century later, Who is Mr. Walter Howard?* had 
arisen in the lifetime of duke Edward, that it was within 
compass of his knowledge to have answered it. In face 
of the facts disclosed, one of two results appears inevitable ; 
either that Mr. Walter Howard was very distantly, if 
at all, related to the ducal family ; or, for some family 
reasons, in his own words, " his descent had been obscured, 
and he had been disinherited of his birthright. "+ ' It was 
not, however, the parentage of the boy whom the duke 
fostered in his youth, and did not wholly forget in his 
manhood, that at this time could have been in question ; 
that was known, and has not been doubted; it, was the. 
parentage of his father, William Howard, somehow or other 
associated with the ducal house in the receipt of his income, 
that it had since become interesting to ascertain ; and at 
the date of his birth the duke was forty years of age. 
That he could have resolved the mystified question of the 
parentage of Mr. William Howard there can be little doubt. 
A man in the exalted position of the duke would hardly 
have become, under any circumstances, interested as trustee 
or steward of the income of one, of whose family he had 
no knowledge ; nor without such knowledge would the 
duke have become the patron, or recognized as an object 
of his benevolence (had it been so) a person of his own 
family name. In such a case mere charity would have 
become cautious, inquisitive, and required some proof of 
claim, not less to the relief granted, than of the right to 
bear the distinguished patronymic ; for while a total 
stranger in blood, bearing his name, would have been 
looked upon with suspicion and distrust as entitled to 

* Tiie Mysterious Heir; or, Who is Mr. Walter Howard? By T. C. 
Banks, esq., 8vo. — 1816. 

t Address to the House of Peers, 1806; Appeal to H. R. H. the Prince 
Regent, 1812, &c. 



364 THE HOWARD PAPERS. 

notice, " there is always," says Archdeacon Paley, " a 
reason for providing for one's poor relations, in preference 
to others who may be equally necessitous, which is, that 
if we do not, no one else will; mankind, by an established 
consent, leaving the reduced branches of good families to 
the bounty of their wealthy alliances."* The groundwork 
of either proposition, therefore, inevitably rests on a know- 
ledge of the personal claim ; to wit, — the right to bear the 
family name, and the affinity in blood, in some degree, to 
the parent stock .f That Mr. William Howard inherited 
these rights cannot be doubted ; nor indeed have they been 
entirely disputed, though the officers of the " guardian of 
the rights of the peerage," J were not fortunate in the 
ancestor they subsequently proposed for the acceptance of 
his son; but that the name of William Howard, as so con- 
nected, was not unknown to persons familiar with the par- 
ticular and personal history of that day, may be gathered 
from the startling fact, that a publication edited with great 
talent, and almost exclusively devoted to historical and 
genealogical inquiries, recorded the death of the duke in 
the following terms : 

"1777. Sept. 20. Died, his Grace, Edward Howard, 
duke of Norfolk and hereditary Earl Marshal of England, 
aged 92. His Grace is succeeded by his nephew, William 
Howard. esq. y of Greystock ! "§ 



* Moral Philosophy, v. i., p. 227. 

t On this principle only can the following argument be maintained. " It 
is shewn," says Mr. Banks, " that Edward duke of Norfolk so far considered 
this unhappy gentleman (Mr. Walter Howard) to be one of his Jtindred, as 
to take notice of him in his will. If this notice w^s not very ample in its 
provision, it still was an acknowledgment of family connection" — The 
Mysterious Heir, p. iv. 

% Vide ante, p. 23. Herald's Office Pedigree. — Appendix. 
% Gent. Mag., v. xlvii., p. 460. 



THE HOWARD PAPERS, 



CHAPTER VIII. 



As I remember, Adam, it was upon this 
fashion bequeathed me : By will, but a poor 
thousand crowns; and, as thou say'st, charged 
my brother, on his blessing, to breed me well. 



THE HEIRS OF ENTAIL. 

The envious brothers of Henry duke of Norfolk shared the 
lot, too frequently, as report sayeth, of younger sons : and 
the younger sons of a nobleman who had little in posses- 
sion, and that sadly encumbered, were not likely to be 
richly endowed. Thus it happened that Mr. Charles 
Howard, fourth son of Henry Frederick, earl of Arundel, 
on the decease of his noble parent, in 1652, found himself 
heir to three fourth parts of the manor of Dorking ;* and 
was necessitated to make his philosophical contentment 
on an estate of fifteen acres, in a humble " cottage of one 
floor — his principal apartments being his little dining-room, 
kitchen, chapel, and an elaboratory," situate in the hope of 
a heathy mountain, in a secluded part of the county of 
Surrey .f But the age was Cromwellian, when romanism 
required shade ; and a philosopher twenty-five years of 
age, Mr. Charles Howard had been the occupant of his 
modest possession three years when Evelyn sought his 

* One-fourth part of the manor of Dorking was a very ancient posses- 
sion of the Howards, acquired by the marriage of Sir Robert Howard with 
Margaret, one of the coheirs of Thomas Mowbray, duke of Norfolk, and his 
duchess, Elizabeth Fitzalan. Two other fourth parts were purchased by 
Thomas earl of Arundel, grandfather of Mr. Charles Howard. 
t Aubrey, Hist, of Surrey, v. iii., p. 211. 

, 2 A 



366 THE HOWARD PAPERS. 

" solitarie recess," his amphitheatre of rare plants, and 
beheld the elaboratory # where he experimented on the 
chemical capabilities of his small property for agricultural 
improvement, and sought to turn his limited resources to 
the best commercial account. His garden walks, narrow 
as his means, bordered with every variety of herb that came 
within his observation, were arranged less for ornament 
than horticultural use ; the " planting and ordering " of 
saffron was a profitable employment of his land ; and its 
manufacture into the cakes of commerce, the purpose of 
those " caves," the chimnies whereof might still be seen 
when the county historian, Manning, visited the spot.f 
The economy of his "boscages" J brought him into com- 
munication " with the principal tanners of Leadenhall ;" 
for he discovered, in the loppings and toppings of certain 
other trees, properties that might be brought into profitable 
aid of the bark of the oak in the manufacture of leather. § 
Under this frugal management the admiration of Evelyn 
was limited to the " extraordinary. "|[ If the taste for land- 
scape improvement had been present to the owner, the 
superfluity that breeds indulgence was wanting, that 
effected the expensive designs of the amateur at Albury ; 
and if Evelyn left any record of his visits to his friend at 
Deepden, it was probably the suggestion of the uncom- 

* Diary, Aug. 1, 1655, v. i., p. 308. 

t Hist. Surrey, v. i., p. 562. " An Account of the culture or planting and 
ordering of Saffron, by the hon. Charles Howard, esq.," communicated to 
the Royal Society, March, 1678, will be found in the Philosophical Trans- 
actions, No. 138, v. xii., p. 945. Mr. Howard estimated the profits at 
twenty pounds per acre. A Saffron kiln, presented by Charles Howard, 
esq., was among the " rarities " in the repository at Gresham College. — 
New View of London, 1708. % Aubrey. 

§ " Brief directions how to tan leather according to the new invention of 
the hon. Charles Howard of Norfolk, experimented and applied by divers 
of the principal tanners of Leadenhall market." Communicated to the 
Royal Society, July, 1674. — Philosoph. Trans., No. 105, v. ix., p. 93. 

|j 1671, Sept. 13. I went to visit Mr. Charles Howard, at his extra- 
ordinary garden at Deepden. — Diary, v. ii., p. 52. 



THE HOWARD PAPERS. 



36; 



pleted " passage through the sandy hill "* that bears such 
remarkable identity of taste with the unhappy Pansilippe 
at the neighbouring seat of the elder brother. 

Economical propensities that savoured of industry, with 
a grovelling adjunct that might have reference to the laws 
of necessity, were " eccentricities " in a gentleman of noble 
blood that his illustrious grandfather would have disdained, 
and his literary descendant was fain to shadow beneath the 
wayward deviations of a sublime spirit from its natural 
orbit. Nevertheless, with a " fortune rather narrowly cir- 
cumscribed than otherwise,"*!- Mr. Charles Howard was 
not without ambition or hope, of a character less excep- 
tionable to gentility than the vulgar profits of saffron cake 
and factitious tan : nay, he had contingent hereditary 
rights ; and not of inconsiderable moment to the future of 
his house, he had placed his domestic happiness on the 
daughter of a gentleman J by whose aid he was enabled to 
contest, — successfully contest — with the dukes, his brother 
and nephew, his contingent right of succession to the noble 
manor of Greystoke, in Cumberland. If he had failed ! 
— if the decree against him had not been reversed by the 
final award of the lords in parliament,^ where, in the 
ordinary current of decadence, might Edward duke of Nor- 
folk, in 1767, have discovered his collateral heir? Where 
then might have been sought the descendant of the fourth 
son of Henry Frederick earl of Arundel ? The representa- 
tives of greater men have been found in the mechanic — in 
the day labourer ! His own county might illustrate the 
fact of men in the most lowly rank of life, w 7 hose proud 
ancestors stood high in the presence of kings — whose 

* Through the sandy hill a walk or passage is to be pierced, through 
which, as through a tube, you shall have a vista over all the south part of 
Surrey to the sea. — Aubrey, Hist, of Surrey, v. iv., p. 165. 

t Hist. Anecdotes, &c, by Charles Howard of Greystoke, esq., p. 126. 

X Mary, daughter of George Tattershall, of West Court, Finchampstead, 
co. Berks, esq. Vide ante, p. 195, n. t. § Ante, p. 196. 

2a2 



J\ 



368 



THE HOWARD PAPERS. 



effigies may yet be seen surmounting the altar tomb in the 
parish church — whose shield of arms yet intercept the 
sun's rays through the windows of the ancient mansion 
whereby the humble descendants now plod to daily toil.* 
Yet, in the prolonged — the doubtful — contest, to what 
fearful resources had necessity compelled him to resort ! 
A manuscript letter at Norfolk House, has reference, says 
Mr. Tiernay, to some pretended service rendered to Mr. 
Charles Howard, by " one Wilcox, an associate of Otes ! " 
— whose demand for remuneration being "naturally resisted, 
Otes, who was evidently to share in the spoil, was called 
in by his friend to settle the dispute, and soon extorted a 
promise of payment;" though Howard, still reluctant to 
yield, hung back from the fulfilment of his engagement, 
and entreated his " new plunderer " that " he would a little 
consider the wrongs he suffered." Consider? How vain 
the appeal, under any circumstances, to a man living in 
the desperate luxury of the price of blood ! The letter, 
however^ has direct reference to personal services, past and 
future, in reference to his " cause ;" and the time and cir- 
cumstances are so coincidental with the struggle for pos- 
session of the Greystoke manor, that little doubt can exist 
the fearful interest of the infamous Otes — (who could 
dictate terms and bluster threats in the council chamber)f 
— had — in some way — been proffered for gold, to bear on 
the result : — 

* A family of estate, it has been observed, becomes reduced to poverty 
in about three hundred years. Noble families are maintained in position 
not more by the marriage of heiresses than by the continuous settlement of 
their estates in strict entail, — which, while it maintains the heir in his dig- 
nity, affords support and gives character to the cadets of the house. Let 
our legislators beware how they trifle further with the inheritance of land. 

t 1679, Jan. 4. T. Oates, not content with ten pounds a week, petitions 
for more. 9th. T. Oates tells the lords in plain terms, that if they will not 
help him to more money, he must be forced to help himself. 23. T. Oates 
desires the Council to let him have all the names of the Jesuits that he 
may sue them to an outlawry. — Pointer's Diary. 



THE HOWARD PAPERS. 369 

u Sir, 

" I have taken paines in your buisness, and have 
had not any advantage but my labour for my paines. You may 
have an occasion to use me in pit. (parliament) when your 
cause may come before either Lords or Comons, or both ; but, 
if you breake yo r word with mee at this rate, you will finde mee 
but cold in appear eing for you there, or in any other occasion. 
i have done you justice in this, and if you stand not to that 
award, you will finde mee severe in other respects : for in plaine 
termes I cannot keepe friend?? with any man that values not 
Ins word; and further, let mee tell you, that your house will not 
protect you from mee. However, if you comply with your word 
upon honour to me, 

" I will appear, Sir, 

" Yd r affec te Ser*-, 
" June 30th, 81. " Titus Otes." 

" To the Hon^ e - Charles Howard, esq 1- ."* 

" Friendship? " How fearful the association ! How dreadful 
the menace, " your house will not protect you from me ! " 
Only six months before the date of this letter of his "affect. 
Servt.," Mr. Charles Howard's uncle, the unfortunate 
viscount Stafford, had suffered decapitation on Tower-hill 
for an alleged plot, on the evidence of Mr. Otes and his 
associates ;f and now, with the Privy Council under the 
influence of his "disclosures," he held the nephew at his 
mercy, — within his grasp'; his life, and the fortunes of his 
family dependent on the will of a man whose oath alone 
sufficed to give proof of the wildest assertions — the most 
improbable events — that might accord with the excited 
temper of the time. % 

* Tiernay, Hist. Arundel, p. 539. 

t Oil the scaffold the viscount Stafford, declaring his innocence, averred 
" upon his death and salvation, that, to his knowledge, lie had never spoken 
one word to or even seen Otes until the time of his trial." When too late 
his peers gave him credit for having spoken the truth. 

t Otes, however, had reached the climax of his career. The execution 
of the viscount Stafford had been the crowning act of his infamy, Too 



370 THE HOWARD PAPERS. 

But Mr. Charles Howard overcame the threats of his 
" friend," the difficulties of his position, the mediocrity of 
his fortunes ; and at the age of eighty-three, the philoso- 
pher in his Surrey dell, resigned to his son a name not dis- 
honored in his inheritance, and a designation that he had 
won. Deepden, expanding in dimensions with the in- 
creasing importance of his descendants, had become a stately 
mansion, in a park that measured miles in circumference,* 
and had passed from his family as too confined for the 
dignity of his latest heir, when a marble tablet placed in 
the ruined wall of his laboratory, in very ladylike verse, 
recorded his earlier possession, and handed his " superior 
talents " down to fame : — 

If worth, if learning, should with fame be crown'd ; 

If to superior talents fame be due — 
Let Howard's virtue consecrate the ground 

Where once the fairest flowers of science grew. 

Within this calm retreat, th' illustrious sage 

Was wont his grateful orisons to pay ; 
Here he perused the legendary page, — 

Here gave to chymistry the fleeting day. 

Cold to ambition, far from Courts removed; 

Though qualified to fill the statesman's part; 
He studied nature in the paths he lov'd, — 

Peace in his thoughts, and virtue in his heart. 

daring in his unexampled success, his attempt to criminate the duke of 
York and the queen in the plot to assassinate the king, brought him to 
discredit; and two months after the date of his insolent letter to Mr. Charles 
Howard, — his pension of ten pounds per week having been " cut short," 
it is recorded, — " Aug. 30. Titus Oates, for his impudence, is turned out of 
his lodgings at Court, and forbid the Council Chamber!" — Pointer's 
Diary. His fall was then as rapid as had been his rise ; and his sufferings 
as cruej as might be the revenge of a party credulous enough to have been 
the dupe of his impositions. Such a man in the council chamber may 
naturally be expected to have set his assumed influence at a price, whenever 
and in any way that he might have a colour of pretence. 

* Enlarged by the annexation of the Chart Park and Betchworth Castle 
estates, the Park at Deepden measures twelve miles in circumference. — 
Brayley, Hist t Surrey, v. v., p. 89. 



THE HOWARD PAPERS. 371 

Soft may the breeze sigh through the ivy boughs 

That shade this humble record of his worth ; 
Here may the robin undisturb'd repose, 

And fragrant flowers adorn the hallow'd earth.* 

Let the lark by day, and the nightingale in summer twi- 
light, prolong the song of praise ; and may the New Zea- 
lander gather blackberries on the mouldering ruins of the 
Victoria Tower long ere any ruthless building club shall 
desecrate the scene hallowed by Bunnell's muse ! But it 
is very questionable whether her ladyship, in the plenitude 
of her eulogium, has not consecrated the virtues of distinct 
persons, — whether, in fact, she has not rolled into one 
panegyric the peculiar characteristics of several generations 
of the Greystoke Howards; metis n'importe: — 

As virtues constitute the happy man, 
The poet's rule is — " muster all you can j 
Cull the best flow'rets of the choice parterre ; 
Seize on your hero's head, and plant them there!" 

It was late in life with Mr. Charles Howard when the 
final decision of the Lords in parliament, by reversing the 
decree of the lord keeper North,f awarded to him " the 
residue of a term of two hundred years in the manor of 
Greystoke ;" and improved the worldly prospects of his 
house by a very important and timely addition of fortune ; 
which he lost no time in securing by settlement to his 
heirs. J But the trial had been long; his philosophy and 
health had been grievously tried§ in the contest of flickering 
hope and fear that had attended the varying aspect of a 

* Ibid., v. v., p. 81. The lady Sophia Burrell was daughter (and one of 
the two coheiresses) of Charles Raymond, of Valentine House, co. Essex, esq., 
created baronet in 1774. She married William, third son of Peter Burrell, 
of Beckenham, co. Kent, esq., on whom her father's baronetcy had been 
settled in reversion by the terms of the patent. In 1791 Sir William Bur- 
rell, a distinguished Fellow of the Antiquarian Society, and Collector for a 
History of Sussex, became purchaser of " the Deepdene." 

t Ante, p. 106. 
t Hist. Anecdotes, &c, by Charles Howard of Grevstoke, esq. 

§ Ante, p. 104. 



372 THE HOWARD PAPERS. 

doubtful case; and though decided in his favour, after 
seven years had elapsed " several matters were yet in dis- 
pute."* It was an unhappy business ; the wrong of the 
parent had descended for retribution on the son : the con- 
test of the brothers had resulted in a decree for recompense 
against the nephew — not too well furnished with the means 
readily of complying with the terms of the award ;f and 
tradition relates, that in part settlement of a considerable 
claim for costs, and rents received by his ancestor in wrong- 
ful possession, Mr. Charles Howard accepted a beneficial 
lease, for a term of years, of certain premises erected on 
the site of Arundel House; and in "Norfolk-buildings," 
took up his residence for a few years, until the decease of 
Mrs. Mary Howard, his wife, in 1695, induced him again 
to withdraw to his Surrey retreat. J Hence it happened, 
at a later period, when his " occasions " drew the recluse 
to the metropolis, and he was sotfght by his colleagues § or 
scientific friends, that he was to be found at another 
address ; and Dr. Woodward || wrote to Dr. Battely,^[ 
" Mr. Howard lodges at the house of Mr. Small, in the 
Piazza, in Covent Garden."** He died at Deepden, in the 
spring of the year 1714, and according to his desire, "in 
as private a manner as possible," was borne to the repose 
of his wife and several children, in Dorking church, His 
son and heir, " Henry Charles Howard, of St. Clement's 
Danes, esq."ft "as well known as most private gentlemen 
of his time,— with a fine taste for the polite arts,"JJ was 

* Ante, p. 233, n. t. t Ibid. 

J In his will, dated 29th April, 1696, he is described, "of the parish of 
St. Clement's Danes, esq." Proved 1715, in Reg. Cur. Prcerog. Cant. 
§ Mr. Charles Howard was a Fellow of the Royal Society. 
|| Sometime Professor of Physic at Gresham College. 
f Archdeacon of Canterbury : author of the Antiquit. Rutupinte, $c. 
** Letter dated February, 1706.— Nichols, Lit. Hist, of the Eighteenth 
Cent., v. iv., p. 101. 

ft So described by himself in his Will, in Reg. Cur. Prcerog, Cant. 
\\ Historical Anecdotes, by Charles Howard, esq. 



THE HOWARD PAPERS. 373 

that uncompromising Romanist who withstood all accom- 
modation for a moderate adjustment of the "catholic 
claims/' at a time when the historian of his party admits 
to have been particularly favorable for such a result. # 
The prominence of his interference and the weight of his 
authority shadow the character of a man of action, zealous 
to imprudence for the domination of his church; with little 
beyond his family connection and name to entitle him 
to represent the gentlemen of England of his particular 
faith; for, exclusive of the northern manor which his father 
had been fortunate enough to add to his inheritance, the 
revenue of his estate, by his own statement, was of very 
inconsiderable amount.*!* 

Mr. Henry Charles Howard survived his father little 
more than six years. He died in June, 1720, in the fifty- 
second year of his age. By his will, made a day or two 
previous to his death,! he bequeathed his plate and pictures 
to his " eldest son, Henry Howard, or to any other son 
that may become eldest son;" and to his daughter, Mary 
Howard, a legacy of five hundred pounds; and named no 
other children ; yet by repute he had other daughters ; 
and by inference other sons. The legatee, Mary, and 
Catherine, younger daughters, are represented to have died 
in France, in early youth ;§ and Frances, their elder, lived 
to old age. || The eldest son, Henry, " died under age and 
unmarried, at Douay. His name is in Bigland's pedigree, 

* Butler, Mem. Engl. Catholics. " A settlement," says Mr. Charles 
Howard, " than which nothing could be better calculated for their own 
welfare, and the peace of their country." — Hist, Anecdotes, p. 129. Yet 
Mr. Howard has so completely reversed the character and interference of 
his parent at this interesting crisis, as to call forth the correction of Mr. 
Tiernay. — Hist. Arundel, p. 559. 

t " Recusants who have registered their estates according to the late 
act of parliament to oblige them to enter the real annual value. Henry 
Charles Howard— £271 10s. 3d." — Aubrey, Hist. Surrey, v. v., p. 399. 

% Dated 8th June, proved 1st July, 1720; in Cur. Prcerog. Cant. 

% Indie, of Fam. Mem. by Henry Howard of Corby, esq. j| Ibid, 



374 THE HOWARD PAPERS. 

at Greystoke : nothing farther known."* Thomas, third 
son, according to Collinsf and Bigland,j died at Mont- 
pellier, unmarried. § The second son and heir, Charles 
Howard, esq., says Collins, is now living at Greystock, 
1755. || Dates, however, seem to infer that Mr. Charles 
Howard was the youngest child of his parents; and Thomas 
duke of Norfolk, twenty-five years earlier, had described 
him third son ;^J but the time of his birth has been so 
variously stated, and the absence, in catholic families, of 
the ordinary evidence of birth by record of the baptismal 
registry, admits so much of doubt where discrepancies are 
present, that it is hardly surprising to find an expert gene- 
alogist entertain the notion, that Mr. Charles Howard, who 
wrote the " Anecdotes " of a family of which in reality he 
was so deficient of correct information,** and succeeded to 
the dukedom of Norfolk as heir of the Greystoke line, was, 
in fact, son of another member of the Howard family in the 
line of succession ; and that the male line of the Howards 

* Indie, of Fam. Mem. by Henry Howard of Corby, esq. 
t Peerage, v. i., p. 152. $ Pedigree at Greystoke Castle. 

§ Indie, of Fam. Mem. by Henry Howard of Corby, esq. 
|| Peerage, ut supra. % Ante, p. 344, n. %. 

** A curious series of blunders occur in his short notice of the lord 
Howard ofEscrick, " a member of Oliver's parliament." — "I wish," adds 
Mr. Charles Howard, " I could draw a veil over his turning evidence against 
his friend, John lord Russell ; for though what he swore in all probability 
was true, it ill became him, who was equally involved, to accuse his friend: 
a more delicate mind would have fled his country first; at least he should 
have made terms for his life, which in all probability he might have ob- 
tained." — Hist. Anecdotes, $-c, p. 114. Could the amiable writer's wish 
have been gratified, the veil had been superfluous for that member of the 
noble house of Suffolk. Edward lord Howard of Escrick, the politician of 
Cromwell's time, whose eccentric course is to be found in the records of 
the great rebellion, died in 1678, some years before the Rye-House Plot 
involved the heir of the house of Bedford. It was his second son, William 
lord Howard of Escrick, whose career of infamy included falsehood to his 
friend; and every reader of history will remember that William lord Russell, 
the stanch advocate of the protestant cause, was the victim whose life, if 
it was in the power of his betrayer to imperil, it had never been in his 
power to save. 



THE HOWARD PAPERS. 375 

of Greystoke had become extinct by the failure of heirs of 
Mr. Henry Charles Howard, who died in 1720.* If the 
date of his birth, given by Mr. Henry Howard of Corby,t 
and by Mr. Tiernay,J be correct, namely, December 1st, 
1720, Mr. Charles Howard was a posthumous child, born 
about six months after his father's decease ; and could not 
have been second son, as represented by Collins,§ a con- 
temporary writer of much authority, supposed to have been 
well informed. If the age, at the time of his decease in 
1786, be correctly stated at sixty-eight years,|| Mr. Charles 
Howard was born in 1718. But Mr. Henry Howard of 
Corby, the industrious collector of memorials of his family, 
describes, at Norfolk House, a portrait of the same gentle- 
man, sitting at a writing table, " JEtatis 40, painted after 
he became duke of Norfolk ;"^[ a statement which, if cor- 
rect, must place his birth in or after the year 1737, when 
his reputed parent had been deceased seventeen years ! 
The doubts, however, that induced the genealogian, Banks, 
to impute a suppositious character to the heir of the Grey- 
stoke line, were based on other circumstances of apparently 
grave aspect. He discovered that in the year 1750, "Frances 
Howard, spinster, representative of Henry Charles Howard, 
had letters of administration, with his will annexed, granted 
to her, over unadministered property of his late father, 
Charles Howard of Deepden, who died in 1714."** This 
evidence of representation, under the authority of a grant 
of the Consistory Court of the Archbishop of Canterbury, 
in the opinion of the genealogist, seemed to cast a doubt 
on the identity of the gentleman who represented the heir 

* The Mysterious Heir; by T, C. Banks, esq.; 8vo., 1816, Perl. 

t Indications of Fain. Mem., 1836. 

X Hist. Arundel. Mr. Tiernay cites Stem. Fain, for his authority. 

§ Peerage, v. i., p. 152. Edmondson represents Mr. Charles Howard to 

have been fourth son. — Baronagium, v. i. || Tiernay, Hist. Arundel. 

51 Indications of Fain. Mem., fol., 1836. 

** The Mysterious Heir, 8vo. ? 1816, Fed. 



376 THE HOWARD PAPERS. 

of the Grey stoke line : a memorandum in the same registry, 
of a little earlier date, presents other facts having reference 
apparently to the same right of representation. On the 
8th October, 1748, letters of administration, with the will 
annexed, of goods and credits left unadministered by the 
late Mary Howard, her mother, had been granted to 
" Frances Howard, spinster, daughter and only surviving 
residuary legatee of Mary Howard, deceased, and as such, 
only surviving residuary legatee of Henry Charles Howard."*' 
Miss Frances Howard was the sole representative of her 
father and mother, entitled to the decree of the Court. 
Such then were the facts that induced a genealogist of 
some note to suppose the family extinct in the male line. 
In such a case, Miss Frances Howard was the last of her 
family; and she, solitary maiden in a world of care, sought 
the cloister, where — 

Heavenly pensive contemplation dwells. 
" She died unmarried, and a nun," writes the chronicler 
of the Howards; "I do not make out the time of her birth : 
she died in 1771. There is a full length portrait of her in 
the habit of a nun, with a death's head on the table, at 
Greystoke Castle. And at the same place, a very curious 
and elaborate pedigree, dedicated to her by a French 
genealogist, in which he makes out her pedigree from the 
kings of Spain, France, England, the Stuarts, earis of 
Flanders, Burgundy, Champagne and Hainault; as well as 
her descent from the Veres and other English families. "*f 
Why this parade of ancestry, — why this flattery of the wily 
Frenchman, dedicated to a lone woman, unless in her, — 

* Ex Reg. Cur. Prserog. Cantuar. Mary Howard was sole executrix 
nominated by her husband, Henry Charles Howard; and proved his will, 
1720. Henry Charles Howard was executor and representative of his 
mother-in-law, Mrs. Helene Aylward, deceased. — Ibid. See Ped., p. 27. 

t Indications of Family Memorials, by Henry Howard of Corby, esq., 
fol., 1836. "The genealogy is continued," adds the same writer, " and 
other descents given, of Broase, Segrave, Albini, Mowbray, Fitzalan, Scales, 
Molins, Tilney, Stafford, Talbot, Strange, Furnival, Verdon, Stuart (kings 



THE HOWARD PAPERS, 377 

sole heiress of her house, — had been centred the homage 
due to the last representative of a noble race? And then — 
the death's head? Though in the symbolism of the ascetic 
it might be considered the ordinary memento mori, — the 
stock furniture of those — 

deep solitudes and awful cells, 

Where ever-musing meditation reigns; 

yet in heraldic significance the caput mortuum is the known 
crest of an extinct line : in the poetry of the herald it is 
symbolical of the last of a family; and on his or her funeral 
achievement implies that "death has conquered all/'* 
Under these apparently adverse circumstances, the only 
alternative that occurs for the family identity of Mr. Charles 
Howard, who, according to Collins, was living at Greystoke 
in 1755, is still to assume it possible that he might have 
been heir of entail under the settlement of Charles Howard 
of Deepden, and that Miss Frances Howard might yet 
have been the only surviving residuary legatee, by testa- 
mentary representation, of personal estate. They are found 
acting together in the prosecution of a joint claim to parti- 
cipate in the succession to the personal estate of " Micheel 
Trublet, their uncle, who died in France ;"f the letters of 

of Scotland and dukes of Lennox) Grymthorp, Dacre, and Tattershall 
Howard ; with arms beautifully emblazoned, by Ralph Bigland, Somerset 
Herald. To which are added some sketches of ancient monuments of the 
Howard family: the whole carried up to 1763." — Ibid. 

* Clarke, Introd. to Heraldry. 

+ Ante, p. 27. Faithless France! Whenever has she been true to England? 
What treaty may bind her to honorable reciprocity? The claim of Miss 
Frances Howard and Charles Howard, esq. of Norfolk, advocated by the 
Ambassador of England at the Court of France, certified by the lord Chief 
Justice, the lord Advocate, and the Attorney-General of England, as a just 
claim under the Statute of Distributions, nevertheless was rejected by the 
Judges of the ChateJet, before whom the claim was preferred. " The Sta- 
tute of Distributions," say the French lawyers, " is not the treaty of 
Utrecht. How do the laws of England understand the treaty of Utrecht, 
and particularly the 13th article thereof?" — "The laws have been executed 
in this particular with the utmost exactness on the part of England," was 



378 THE HOWARD PAPERS. 

administration granted to Miss Frances Howard may have 
had reference to such claim ; and whatever the doubts of 
the genealogist when the question had become merely a 
subject of historical inquiry, affecting the interest of none 
save the postponed succession of the heirs in remainder, 
who had made no objection to his precedent right, when 
it occurred, the presumption of identity of the heir of Henry 
Charles Howard with the first Charles duke of Norfolk 
need not now be disturbed. Whether or not sanctioned 
by the customary rules of admission to titular honors, and 
his right supported by the ordinary evidence of descent, 5 * 
the melancholy philosopher known as Charles Howard of 
Greystoke, became duke of Norfolk, lord of many lands. 
Possessed of estimable qualities that may become and do 
honor to any station of life, — more of the philanthropist 
than the misanthrope ; yet a prey to some secret anguish, 
— or the same reflective melancholy that, with the means, 
position and family prospects that might have charmed a 
woman with the world, drove his sister into monastic seclu- 
sion, — added to a morbid sense of persecution, religious and 
political, — " the anecdotes/' says Mr. Tiernay, "still related 
of his eccentric manners and more eccentric habits, bear 
sufficient testimony of the feelings which weighed continu- 
ally on his mind."f In the enjoyment less of the parade 
of his state than in the modest retirement that to him was 
dignified ease, let us leave him in his solitude while the 
family of his heir in remainder shall be traced to the same 
period of time. 

the reply. " Crowds of examples " from the registries of the Courts of 
Judicature were offered, of French people admitted to participate in the 
distribution of personal estate of their English relations : and a recent 
example from Doctors' Commons, exemplifying the same fact, was con- 
sidered unanswerable; still the Judges of the Chatelet rejected the claim; 
and the cause being carried before the parliament of Paris, their judgment 
was confirmed. — Annual Reg, v. vii., p. 141. 

* Ante, p. 21. t Tiernay, Hist. Arundel, p. 571. 



THE HOWARD PATERS. 379 



CHAPTER IX. 



The web of our life is of a mingled yarn, good and 
ill together: our virtues would be proud, if our faults 
whipped them not; and our crimes would despair, 
if they were not cherished by our virtues. 



THE HEIRS OF ENTAIL, CONTINUED. 

Mr. Henry Howard, heir in remainder by the settlement of 
duke Edward, on the failure of the Greystoke line, derived 
descent from Bernard, eighth son of Henry Frederick earl 
of Arundel and the lady Elizabeth Stuart, a younger 
brother of Mr. Charles Howard of Deepden. Mr. Bernard 
Howard was born in 1642, and the earl, his father, dying 
while he was yet a child ten years old, at the age of eleven, 
in company with two elder brothers,* he was sent to the 
English Roman-catholic Seminary, at Douay, for education 
in the religious faith that his parents had disavowed ; and 
he emerged from that celebrated college with all the en- 
dowments there to be acquired that give stability to opinions 
and direction to their force. The times in which he lived 
were hardly propitious of honour or preferment to be thus 
acquired ; and Mr. Bernard Howard was not of that con- 
templative cast of mind to crawl into a nook and moralize 
over imaginary wrongs, or lament despairingly the aspect 
of untoward events: a man of action, his philosophy was 
the practical adaptation of the circumstances of the moment 
to the views he entertained : he found himself a younger 
brother, with small patrimony beyond the prestige that might 

* Edward and Francis. — Dodd, Church Hist, 



380 THE HOWARD PAPERS. 

belong to a historical name of varied fortunes : if it gave 
him access to Court, his religion debarred him the oppor- 
tunity of state employment, or of turning his qualifications 
to profitable account in the service of the restored monarchy: 
the opposite in character and temperament of his brother 
Charles, although the same religious impressions governed 
both of them, it was not by the monkish celebration of a 
proscribed ritual in the recesses of a cavern that Mr. Ber- 
nard Howard gave utterance to his piety, or evinced his 
zeal when the Stuart dynasty hazarded and lost a throne 
for the faith of Rome. On the contrary, Mr. Bernard 
Howard entertained a cause that he fancied good to be 
maintained , when it was only to be asserted by following 
closely the signs of the times and adapting himself in no 
reserved manner to opportunities as they occurred : with 
his own personal position in society not only to retain but 
to advance, he cast all, it might be, on the hazard of a 
die ; but when fortune is not alone the accident of pure 
chance, the adventurer may exclaim — 

why then the world's mine oyster, 

That I with sword will open. 

Not only in his political action, but in his lighter carriage, 
moving in the world of fashion, Mr. Bernard Howard also 
took rank as a man of decision and courage,* an early 
opportunity occurring of establishing his reputation once 
and for thereafter. Count Hamilton, in the pages of 
Grammont, refers to the occasion, though without detail or 
exactness of result. It was in that bloody encounter between 
the duke of Buckingham and the earl of Shrewsbury, when 
the wife of the latter, "the wanton Shrewsbury," in the 
habit of a page, is said to have held the horse of the " gay 
and gallant Villiers," while her husband received his death 
wound from her paramour. By the custom of the time the 
seconds also engaged, and Mr. Bernard Howard went out 
in support of his family connection, the earl of Shrewsbury, 
and killed his man, nevertheless a master of defence. 



THE HOWARD PAPERS. 



381 



" My lady Shrewsbury/' writes Pepys, " is at this time, 
and hath been a great while, a mistress to the duke of 
Buckingham ; and so her husband challenged him. The 
parties met in a close near Barne Elmes, in Surrey, on the 
16th January, 1667: the duke of Buckingham was attended 
by Sir Robert Holmes,* and Capt. William Jenkins (who 
kept a fencing school); the earl of Shrewsbury was accom- 
panied by his relative, Col. Sir John Talbot of Laycock, a 
gentleman of the royal bedchamber, and one Bernard 
Howard." The earl encountered the duke and received a 
mortal wound, of which he lingered till the 16th March; 
and Howard killed his opponent, Jenkins. Writing on the 
day following the duel, Pepys says " My lord Shrewsbury 
is run through the bodv from the right breast through the 
shoulder; Sir John Talbot all up one of his arms; Jenkins 
killed on the place, and the rest all in a little measure 
wound ed."f 

"The whole house," adds Pepys, "is full of nothing but 
the talk of this business ; and ij: is said the lord Shrews- 
bury's case is to be feared that he may die too." " The 
public," writes Count Hamilton, " was at first shocked at 
the transaction ; and the queen was at the head of those 
who exclaimed against so public and scandalous a crime, 
and against the impunity of such a wicked act." f Pepys 
thought the king would be backward to appear in such a 
business ; but there were influences at Court more powerful 
than the voice of the queen ; and " the public," observes 
Hamilton, "grows familiar with everything by habit." In 
less than a month, Pepys mentions the report that "a 
pardon had passed for the duke of Buckingham, my lord 
Shrewsbury, and the rest, for the late duel and mur- 

* Captain Holmes, a favorite -both of the king and the duke. — Pepys, 
Diary, v. i., p. 270. A rash, proud coxcomb, but rich — who, disappointed 
of being made Rear Admiral, took that occasion of resigning the service. 
1665.— Ibid., v. iii., p. 29. t Diary, v. iv., p. 326. 

% Mem. of Grammont. 

2b 



382 THE HOWARD PAPERS. 

der;" # and in due course the public became acquainted 
with the fact that his majesty, with a virtuous resolve, 
"that thenceforth the course of law shall wholly take place 
in all such cases/' nevertheless, had been pleased to declare 
at the Board, that "in contemplation of the eminent services 
heretofore done to his majesty by most of the persons 
engaged in the late duel or rencontre, wherein William 
Jenkins was killed, he doth graciously pardon the said 
offence, "-}- "The licentiousness of the age," writes Hamil- 
ton, "went on uncontrolled, though the queen endeavoured 
to raise up the serious part of the nation, the politicians and 
devotees, as enemies against it. "J 

The aggregate of wanton wiles so conspicuous in this 
affair was Anne Maria, daughter of Robert Brudenell, earl 
of Cardigan, second wife of the unfortunate Francis, eleventh 
earl of Shrewsbury. The scandal of her story in its worst 
phases, perhaps little exceed the truth, and appears to 
have given eclat if not endurance to her amour. Count 
Hamilton mentions the unusual "constancy" of the attach- 
ment on both sides ;§ and Evelyn, several years afterwards, 
says : " At Newmarket, I saw the duke of Buckingham, 
and with him that impudent woman, the countess of 
Shrewsbury, attended by his band of fiddlers. "|| She sub- 

* Diary, Feb. 5, v. iv., p. 344. " It is pretty to hear," adds Pepys, 
" how the king had some notice of this challenge a week or two ago; and 
did give it to my lord General (the duke of Albemarle) to confine the duke 
or take security that he should not do such thing as fight ; and the General 
trusted to the king, that he, sending for him, would do it; and the king 
trusted to the General; and so, between them both, as every thing else of 
greatest moment do, do fall between two stools." — Ibid., p. 327. 

f Gazette, Feb. 24. Pepys adds, that " My lord Privy Seal would not 
have it pass his hand, but made it go by immediate warrant : or at least 
they knew that he would not pass it, and so they did direct it to go by im- 
mediate warrant, that it might not come to him." — Diary, v. iv., p. 344. 
t Mem. of Grammont. 

§ " Never before had her constancy been of so long a duration ; nor had 
he ever been so submissive a lover." — Mem. of Grammont. 

|| Diary, October 21, 1671, v. ii., p. 67. " If music be the food of love," 
—wrote the poet of all time.— If? Can it be doubted? Did Cap t. Thomas 



THE HOWARD PAPERS. 383 

sequently became wife of George Rodney Brydges, esq., 
and died in 1702. The miserable death of her paramour, 
" great Villiers ! " — and her own dishonor, have been mo- 
ralized by Pope : — 

Alas, how changed from him, 

That life of pleasure, and that soul of whim ! 
Gallant and gay, in Cliveden's proud alcove, 
The bower of wanton Shrewsbury and Love. 

Le Neve, who notes a coarse record of the duke's intrigue 
and its result, writes, that Sir John Talbot, " a very strong 
fine old gentleman, lived to a great age." # Mr. Bernard 

Howard doubt it, when he invited lady Shrewsbury to the Spring Gardens, 
and there entertained her with one of the soldiers of his company, " who 
played pretty well on the bagpipes !" — Grammont. But if music feeds love, 
love breeds mischief; and Jermyn — invincible in love and arms, — was 
at the garden, "as by chance," — ogled the lady ; and she "inconsiderately," 
returned his glances. " Not content with acting the petty tyrant, at an 
entertainment not made for himself, no sooner had he gained the soft looks 
of the fair one, than he exhausted all his common place, and all his stock 
of low irony, in railing at the entertainment and ridiculing the music! — 
Three times was the banquet on the point of being stained with blood; but 
three times did Howard suppress his natural impetuosity, in order to 
satisfy his resentment elsewhere with greater freedom. Jermyn went to 
bed proud of his triumph, and was awoke next morning to receive a chal- 
lenge. — Ibid. Pepys records the meeting to have taken place in Old Pall 
Mall, in 1662. — Diary. Jermyn took for his second, Col. Giles Rawlings, 
gentleman of the Privy Purse to the duke of York, "a man of intrigue, and 
a deep player." Capt. Howard was attended by Mr. Gary Dillon, brother 
of lord Roscommon, "who was dexterous and brave, much of a gentleman, 
and unfortunately, an intimate friend to Rawlings." Fortune did not side 
with the votaries of love: Rawlings was killed on the spot, and Jermyn, 
having received three wounds, was carried to his uncle's with very little 
signs of life. — Grammont. Pepys, indeed, writing at the moment, says he 
was mortally wounded ; though in fact he survived many years to bear the 
honors of a desperate encounter with an antagonist of whom Count Hamil- 
ton has observed, " there was not a braver or better bred man in England : 
though he was of a modest demeanour and his manners appeared pacific, no 
person was more spirited or more passionate." — Mem. of Grammont. 

* Harl. MS., No. 5801. The duke of Buckingham died 16th April, 1687, 

and the parish register of Kirkby Moorside, has the following entry among 

the burials. " April 17th. Gorges uiluas, Lord dooke of bookingam, &c." 

There, victor of his health, of fortune, friends, 

And fame, this lord of useless thousands ends ! 

2b2 



384 THE HOWARD PAPERS. 

Howard, second also in the duel, — principal in the crime 
pardoned by the king, — bore his honors with a modest 
grace, and floated with the gallants of his time, distin- 
guished in the more noble exercises of an English gentle- 
man. With the "scandalous" reputation he so suddenly- 
acquired, a man of lighter cast of mind might have fallen 
into all the vices and follies of the age; and as a bold 
adventurer on the fortunes of a Court life, ended a career 
of frippant gaiety, — 

The frail one's advocate, the weak one's friend; 

but Mr. Bernard Howard, combatting for "injured honor," 
preserved a decorum that censure has not attacked, even 
in whisper : his education and means had kept him in the 
rear of fashion ; he came suddenly upon " society " an 
unknown man :f and nothing venturing where little might 
be the reward, he availed himself of a brother's philosophic 
introduction, and settled down for life with a widow. But 
when heiresses are not -in over supply for younger brothers, 
widows will often be in request; and the lady who gave 

The duke ended his days at the humble residence of a tenant on his 
Yorkshire estate; which Pope has described with a poet's licence. " I am 
forsaken," wrote the wretched man, " by all my acquaintance, utterly 
neglected by the friend of my bosom, and the dependants on my bounty ; 
but no matter ! I am not fit to converse with the former, and have no ability 
to serve the latter. Let me not, however, be wholly cast off by the good." 
Mr. Banks says, the duke was buried in his father's vault, in Westminster 
Abbey (Dorm, and Ext. Baronage, v. ill., p. 117j; and he may have re- 
ceived the more noble interment ; for his kinsman, the earl of Arran, writing 
to bishop Sprat, from " Kerby-Moor Syde, April 17," says : " I have 
ordered the corpse to be embalmed and carried to Helmsley Castle, and 
there to remain until my lady duchess her pleasure shall be known." But 
the earl adds, " There must be speedy care taken ; for there is nothing 
here but confusion, not to be expressed. Though his stewards have received 
vast sums, there is not so much as one farthing, as they tell me, for 
defraying the least expense." The Helmsley estate was afterwards " sold 
for about £90,000 to one Duncombe, not long since a mean goldsmith." — 
Pepys. 

t Pepys calls him "one Bernard Howard." — Diary, v. iv., p. 326. 



THE HOWARD PAPERS. 



385 



her hand to Mr. Bernard Howard united the character, in 
some sort, of both ; for she was widow of Sir Richard 
Lechford, of Dorking, in the county of Surrey, knt., 
daughter and coheiress of George Tattersall, of Finchamp- 
stead, co. Berks, esq., namely, Catherine, younger sister 
of the lady married to Mr. Charles Howard of Deepden. 
Sir Richard Lechford died in 1671, and in the following 
year Mr. Bernard Howard supplied his place in the affec- 
tions and the endowment of his relict. 

At the festive board of rural sporting life, the memory of 
king Charles the Second deserves notice: with him origi- 
nated the " King's Plate," in the form of a prize cup for 
the winner of the race : under his royal patronage " the 
turf" revived as an enduring pursuit, not only of useful 
encouragement for the improved breed of that noble animal, 
the horse, but of gentlemanly excitement and patriotic 
competition. Mr. Bernard Howard was one of its votaries, 
and the fervour — perhaps the success — with which he fol- 
lowed the pursuit may be understood, when we read that 
the king became the purchaser of one of his stud, for the 
sum of two hundred guineas.* Tn 1682, Mr. Howard 
removed his establishment to France ; and the historian of 
Western Sussex has produced from the rummage of our 
fiscal records, a particular account of his miscellaneous ship- 
ment, f The journey to Paris, probably, was preparatory 
to the grand sporting event of the year, when the duke of 
Monmouth's horse won the race at St. Germains, and 
carried off the prize of one thousand pistoles given by the 
French king. J The event was not alone famous to the 
duke, but advantageous to his friends; Mr. Bernard Howard, 

* 1681. To Mr. Bernard Howard for an horse, 200 d gui £216 5 0.— 

Secret Service Disbursements. — Camd. Soc. Thus it appears, at this date, 
that the guinea was current at 21s. 7gd. 

t 1682. " In the owner's Adventure, of Brighthelmstone, John Beach, 
Master, for Dieppe, — For the hon. Bernard Howard, — Thirteene saddle 
horses, two barr 118 herrings, Eng b caught; five thousand oxe bones." — - 
Carhcrujht, Rape of Br amber, v. ii., p. 60. \ Feb. 25 ; 168f 



386 THE HOWARD PAPERS. 

the genius of the course, was received with the courtesy 
that gave him distinction among his countrymen on the 
spot, and additional interest with his party at home ; for 
we read that his most christian majesty was pleased to 
shew him so much countenance as to give his carriage and 
horses the entree of the Louvre, namely, to be driven with 
its honored freight within the royal precincts, — a privilege 
due only to princes of the blood ; and some few of the 
highest quality of France,* 

Thus honored abroad, the qualities with which nature 
had endowed him, were well adapted, in the particular 
aspect of coming events, to give him distinction at home ; 
and as "one of the principal catholics "f to do service for 
pope and king. With the death of Charles the thin veil 
that covered the designs of the Court was early removed ; J 
James ascended the throne a known papist ; and Mr. 
Bernard Howard was one of those confidential persons 
throughout the country entrusted with the charge of ensur- 
ing unanimity of public applause to the succession, and 
giving assurance to his party under the disguised sentiments 
of the first address from the throne : § to Mr. Bernard 
Howard, at Winchester, was addressed the order of Council 
to proclaim James the Second in that city; and by him 
was the order communicated to the mayor, || in whose duty 
it was to perform the service. With the confidence reposed 
in him, — a man of so much natural resolution as Mr. Ber- 

* Echard, Hist. Engl., v. iii., p. 668. 
t Barillon, ap. Fox, App. Ixxvii. — Tiernay, Hist Arundel, p. 546. 

% Le roi d'Angleterre fut hier publiquement a la messe dans une petite 
chapelle de la reine sa femme, dont la porte etoit ouverte : cela a fait 
parler le monde fort ouvertement. Barillon au Roi de France, 26 Fev., 
1685. — Fox, App,, p. xxxii. 

§ See the " acceptable speech " of James to the Privy Council. — Echard, 
Hist. Engl., v. iii., p. 729. " II faut convenir, cependant," writes Barillon 

to his master, '* que le roi d'Angleterre dissimule mais je suis con- 

vaincu qu'il levera le masque aussitot." — Fox, App., p. Ixxvii. 

|| City Records.— Milner, Hist. Winchester, v. i., p. 434. 



THE HOWARD PAPERS. 387 

nard Howard, must have lacked ambition, or he might 
have taken a higher standing, and filled a more prominent 
part in the active politics of the day ; but he appears to 
have been content to serve the king to the best of his 
ability; and to become a pensioner on his bounty.* With 
two influential relatives at Court, of opposite creeds, 
balancing the favor of the king, in politics and religion he 
adhered with constancy and perseverance to the principles 
of his nephew, Thomas Howard of Worksop ;f and identi- 
fied himself with a policy directly opposed to the more 
constitutional action of his nephew, the duke :J doubtless 
he carried his loyalty to the verge of prudence on the early 
misfortunes of the stubborn monarch he served. The pro- 
testant succession received no willing countenance from 
him ; conscience and honor alike bound him to the deposed 
regime: in the reclamation of his religion, and the mainten- 
ance of a sovereign right he believed might not be annulled, 
he was a recusant and a Jacobite confessed. 

From king James, Mr. Bernard Howard received the 
command of a troop of horse ;§ and in 1687 was in London 
moving about in political society. || In the autumn of the 
same year " Col. Bernard Howard " appears to have ac- 
companied the king in his " progress " through several 
counties,^ when his majesty displayed so much resolution 
of enforcing his future projects ; ## and, in 1688, when the 

* 1685. To Bernard Howard, esq., bounty £300 

1686. To Bernard Howard, esq., bounty £500 

■ — Secret Service Disbursements. — Camd. Soc. 

t Ante, p. 209. t Ante, p. 242, et seq. 

§ Barillon, ap. Fox, App. lxxvii. — Tiernay, Hist. Arundel, p. 546; but 
the reference to Fox does not appear to be correct. " A standing army 
filled with popish officers and soldiers," was among the grievances of the 
time. — Life of king William III. 

|| Diary of Bishop Cartwright, pp. 43, 60. f Ibid., pp. 72-75. 

** At Chester, being told that the desired address to his majesty from 
the corporation " would not pass," the king said, " Let me know what 
alderman opposed, and I will turn him out." — Diary of Bishop Cart- 
wright, p. 75, 



388 THE HOWARD PAPERS. 

mayor and aldermen of Winchester were " turned out for 
refusing to comply with the wishes of the Court/' Mr. 
Bernard Howard was nominated " chief of the commis- 
sioners appointed to manage matters there ;" # a large 
body of troops being marched into the city to overawe the 
inhabitants and intimidate them to submission. f 

The pusillanimity of the king in the military defence of 
his throne, was hardly calculated to inspire confidence in 
his officers most attached to his cause; and whether or 
not Col. Bernard Howard actively participated in the dis- 
grace it was not in his power to prevent, doubtless he was 
a Jacobite of that mark and consequence that brought him 
under the special surveillance of the new government; and 
he appears to have engaged himself or been suspected of 
participation in most of the projects for the restoration of 
the "retired" monarch. J In July, 1690, while William 
the Third was fighting the battle of the Boyne, and the 
late king, James, was making a hasty retreat, for the last 
time, to the protection of a foreign land, the Jacobites in 
London were actively preparing a plot for his restoration ; 
to be aided by a descent of the French ; who having gained 
some advantage over the united Dutch and English fleet 
off Beechy Head,§ were not unexpected. To meet the 

* Luttrell, Diary, April, 1688, v. i., p. 438. In order to the repeal of 
the test and the penal laws against roraan catholics, the Corporations of 
the kingdom were regulated in order to their electing such members to 
serve in the intended parliament as would comply with the king's desire 
therein. — Life of K. William III. 

" The regulators," says Dr. Lingard, " a Board established under the 
pretext of reforming the abuses of corporations, received orders to mould 
these bodies in conformity with the views of the Court." — Hist. Engl., 
v. x., p. 264. 

t Van Citters, cited by lord Macaulay.— Hist. Engl., v. ii., p. 336. 
X Declaration of king James, 1693. 

§ This engagement took place on the 30th June. The battle of the 
Boyne was fought the following day, 1st July; and on Sunday the 5th, 
king William entered Dublin, and in the church of St. Patrick, returned 
thanks to Almighty God for the success of his arms. For the defeat at sea, 



THE HOWARD PAPERS. 389 

occasion " the brave queen did all that a most prudent 
monarch could suggest/' and by the advice of her council, 
had several of the suspected leaders and disaffected persons 
secured ; Mr. Bernard Howard, Col. Butler, Capt. Throg- 
morton, the earl of Castlemaine, and the lords Ross and 
Griffin being committed to the Tower on a charge of high 
treason. # The danger, however, was of short duration ; 
the French exhausted their valour by landing a few boats' 
crews at Torbay and firing the village of Teignmouth, ere 
the militia could arrive to eject them ; and the security of 
the government was sufficiently re-assured by the successes 
in Ireland, to deal leniently at this time with the disaffected 
at home ; who, on their part, submitted to necessity, and 
resigned themselves to inaction when revolt would have 
been unavailing. But submission was the mere restraint 
of superior power; for independently of religious zeal, the 
cause of legitimate monarchy and the right of primogeni- 
ture are so associated in the minds of Englishmen with 
the propriety of good order, that the " divine right " could 
always enlist a multitude of conscientious advocates from 
the protestant ranks ; and certainly, if any party ever 
adopted or plotted under the motto nil despeirindum, it was 
the adventurers in the Jacobite cause. 

In 1692, when William the Third had prorogued par- 
liament, and taken his departure to join the army in Hol- 
land, king James left Paris for Havre, in order to complete 
his arrangements for the invasion of England with a mighty 
French force ; and issued to his quondam subjects a decla- 
ration of his royal intentions, calling on all his faithful 
people to repair to his standard. In this emergency the 

Admiral lord Torrington (Arthur Herbert, baron of Torbay and earl of Tor- 
rington) was brought to trial, and acquitted; though public opinion did 
not concur in the verdict ; and the Satirists of the day have recorded his 
misdeeds in ballad verse. See Torringtoniana ; or a new Copy of Verses 
on the late Sea Engagement. 

* Luttrell, Diary, v. ii., p. 72. Bavley, Hist, of the Tower. 



390 THE HOWARD PAPERS. 

queen and council were again on the alert with a procla- 
mation for the apprehension of suspected persons.* On 
Thursday, May 12th, Mr. Bernard Howard was taken into 
the custody of a messenger ;f and, with the earls of Mid- 
dleton, Marlborough, Salisbury, and others, was committed 
prisoner to the Tower " for the plott." J 

On the same day, however, the one-and-twentieth of 
May, the French ships were burnt at La Hogue by the 
English Vice-Admiral, Sir Ralph Delaval, — a " warm " 
and glorious action, which, as it proved " almost a heart 
break " to king James, so it greatly assisted to fix king 
William more firmly on his throne ; and the danger over, 
the plot evanished j and the plotters, less dangerous to the 
State, regained their personal liberty. Not that the cause 
was abandoned with its ill success : like the fabled bird of 
antiquity that regenerated from its own ashes, defeat seemed 
to give renewed vigour to the enterprise. The repose that 
for a time followed each projected outbreak, was like the 
calm surface of a summer sea — the waves unruffled of the 
past and future storm. Messages passed in cipher ; signs 
and tokens, like the chupatties of the Indian revolt, had 
their secret import : mysterious men, said to have been 
invested by high authority with deputed powers, enlisted 
the concurrence of unwary enthusiasts to a desperate cast, 
and gave utterance to their own devotion in words as 
mysterious as themselves: — 

It is the cause, it is the cause, my soul, — 
Let me not name it to you, you chaste stars! — 
It is the cause: 

and Holy Church employed her influence to exhort to 
unity of purpose and fidelity of action the doubting and 
faint-hearted members of her creed. Under date, 1693, 
1st June, " Letters from Rome," writes Luttrell, " say, that 
Cardinal Howard has obtained a bieife to send to England, 

* May 9. — Pointer's Diary. 
t Luttrell, Diary, v. ii., p. 449. * Ibid., p. 458. 



THE HOWARD PAPERS. 



391 



to exhort the catholicks there to remain firm to the interest 
of king James. # The "mighty pudder" about burning a 
few ships on a former occasion had rather stimulated the 
French king's aid than induced him to withhold his assis- 
tance ; and within two years of the former miscarriage, a 
new invasion had been planned ; to be aided this time by 
a conspiracy against the person of king William the Third. 
On the 18th February, 169f, king James took post to join 
the French forces assembled at Calais ; where, as soon as 
he had arrived, the troops, artillery and stores were ordered 
to be hastened on board; the "male-contents" in England 
were in preparation and expectancy; and nothing remained 
for the success of the enterprise " but that the winds and 
the waves should do their part/' King William, however, 
in the quiet of his palace at Kensington, timely became 
aware of the progress of events, and the winds and the 
waves, in an incredibly short space of time, interposed 
"Admiral Russell, with a fleet of at least fifty men-of-war, 
in line of battle, off the coast of Calais and Dunkirk, so 
that the French durst not so much as peep out of port ;" 
and thus were the hopes of the Jacobites again thwarted. 
His majesty, in addressing parliament at this time, said : 
" I come hither this day upon an extraordinary occasion, 
which might have proved fatal, if it had not been disap- 
pointed by the singular mercy and goodness of God, and 
may now, by the continuance of the same Providence and 
our own prudent endeavours, be so improved as to become 
a sufficient warning to us to provide for our security against 
the pernicious practices and attempts of our enemies. I 
have received several concurring informations of a design 
to assassinate me, and that our enemies at the same time 
are very forward in their preparations for a sudden invasion 
of the kingdom. I have not been wanting to give the 
necessary orders for the fleet ; and I hope to have such a 
strength of ships, and in such a readiness, as will be suffi- 
* Diary, v. iii., p. 108. 



392 THE HOWARD PAPERS. 

cient to disappoint the intention of our enemies. I have 
dispatched orders for bringing home such a number of our 
ships as may secure us against any attempt. Some of the 
conspirators against my person are already in custody, and 
care is taken to apprehend as many of the rest as are dis- 
covered "* On the 21st February, a proclamation 

was issued for the apprehension of the conspirators, with a 
reward of one thousand pounds for the discovery of any of 
them.f On Tuesday, the 3rd March, Mr. Bernard Howard 
was "taken up ;"J at this time in companionship with Col. 
Graham, Sir John Friend,§ and some others, engaged or 
suspected to be engaged, in a treasonable conspiracy to 
levy war under the commission of the expatriated king 
James; || many of whom were brought to trial, and some 

* Life of king William the Third. . t Pointer's Diary. 

$ Luttrell, Diary, v. iv., p. 24. 

§ Sir John Friend and Sir William Parkins, protestants, were executed 
at Tyburn, 3rd April, 1696. The former declared " The cause he was 
brought to suffer for he firmly believed was the cause of God, true religion, 
and to the utmost of his knowledge and information agreeable to the laws 
of the land, which required firm duty and allegiance to their sovereign, 
from which no foreign or domestic power could release them; and that to 
assist him in recovering his rights was justifiable, and their duty, &c." 

Sir William Parkins declared himself entirely in the interest of king 
James j and admitted that there was a general commission to levy war 
against the prince of Orange and his adherents, and to seize all forts, &c, 
which he supposed to be the usual form in such cases. 

|| Among the unhappy victims of this conspiracy was Sir John Fenwick, 
of Wallington, co. Northumberland, bart., who had married the lady Mary 
Howard, daughter of Charles, first earl of Carlisle. After a narrow and 
ludicrous escape from arrest by a file of musqueteers (Luttrell, Diary, 
v. ii., p. 450,), Sir John Fenwick was captured at New Romney, in Kent, 
June 11th, 1696; and in an intercepted letter to his lady, produced on his 
trial, he had written : " I am in a sad case with riding: that day I parted 
with you I rid above a hundred miles." A most devoted wife in her endea- 
vours to save his life, forfeit, as he seemed to think, from the first : " What 
1 feared," he began, " is at last happened : it is God's will : so we must 

submit. Do not think of being shut up with me, I know it will 

kill you, and besides, 1 have no such friend as you to take care of my 
business, though it would be the comfort of my life, the little time it lasts, 



THE HOWARD PAPERS. 393 

met an ignominious death on Tyburn tree for complicity 
in a plot that imagined the design of taking his majesty's 
life.* 

Escaping the dangerous companionship, Mr. Bernard 
Howard perhaps took warning by the fate of others, to 
select more scrupulous or less suspected associates : and, 
arrived at an age when action commonly gives place to 
reflection, and maturity of judgment moderates the unres- 
trained enthusiasm that sometimes leads patriots and po- 
liticians into — 

murders, stratagems, and broils, — 

it is probable that henceforward he became less ardent in 
the hopeless cause of " hereditary right;" and a submissive 
if not a contented subject of the " elected " king.-f Trou- 

to have you with me; and I have this only comfort now left, that my 
death will make you easie. Grieve not for me, my dearest life, but resign 
me to the will of Almighty God." 

Sir John Fenwick was beheaded on Tower-hill, on Thursday, the 28th 
January, 1697. In a paper delivered to the Sheriffs at the place of execu- 
tion, he declared : " As for my religion, I was brought up in the church of 

England, as it is established by law, and have ever professed it My 

religion taught me my loyalty, which I bless God is untainted : and I have 
ever endeavoured, in the station wherein I have been placed, to the utmost 
of my power, to support the crown of England in the true and lineal course 

of descent without interruption I pray God to bless my true and 

lawful sovereigu, king James, the queen, and prince of Wales, and restore 
him and his posterity to this throne again, for the peace and prosperity of 
this nation, which is impossible to prosper till the government is settled 
upon a right foot." « 

* Six other persons suffered death for the same conspiracy; and Mr. 
Charnock, one of them, declared in writing, " That as for the invasion in- 
tended by king James, he presumed every body was satisfied of it; and he 
admitted that, to facilitate the same, he and some others had agreed upon 
the undertaking of attacking the prince of Orange and his guards; but he 
denied the knowledge of any order or commission from king James for 
assassinating the prince ; though a commission to levy war was natural to 
believe, if his majesty intended to come, as was reported. 

t Upon which (his majesty's retirement to France) they built such a 
superstructure as to make an ancient hereditary monarchy become elective. 
— King James's Declaration, 1693. 



394 THE HOWARD PAPERS. 

blous times and political association with malcontents, — 
whatever may have been the result of private adventures, 
— were hardly favorable to the accumulation of wealth; 
and Mr. Bernard Howard does not appear to have im- 
proved his position of a younger brother. # A son, of his 
own name, took by inheritance the small maternal estate 
to which he was heir; his three daughters shared the 
customary lot of dowerless maidens of the Romish faith, 
and became nuns, at Brussels ; whither their mother 
appears to have retired some years before the decease of 
her husband. -f- At the age of seventy, " Bernard Howard 
of Norfolk, esq.," made his last will,J in the parish of 
St. James's, Westminster. To his son, Bernard Howard, 
he bequeathed a legacy of five pounds : to his wife, and 
to his three daughters, legacies of the same amount : 
to his niece, Elizabeth, daughter of his brother, Esme 
Howard, ten pounds : to his servants, one year's wages 
(which would be five pounds each) in addition to the 
amount that might be due to them ; to his servant, Cosney, 
his "clothes" and fifty pounds, in case he should be living 
with him at the time of his decease; and to the poor of the 
parish, one hundred pounds : excepting the latter, all his 
legacies were to abate in the event of insufficiency of assets. 
If it might be, he desired to be buried with his ancestors 
at Arundel : otherwise at Somerset House ;§ or at St. Pan- 

* Under provision of the act of parliament before mentioned (p. 373), 
Mr. Bernard Howard returned the annual value of his estate in Surrey, at 
£103. — Aubrey, Hist, of Surrey. 

t Mrs. Catherine Howard died in 1727 ; and was buried at Brussels, in 
the church of the English Dominicans ; an establishment tbat acknowledged 
Cardinal Howard as a founder. Ante, p. 167. % 27th January, 1712. 

§ Somerset Chapel, the resort of Roman catholics during the residence 
of the dowager queen, Catherine of Braganza, at Somerset House, by order 
of queen Anne, in 1711, had been prepared for protestant worship; and it 
was opened on Sunday, April 15th, with a sermon by Dr. Robinson, bishop 
of Bristol. — Loud., Bediviv., v. iv., p. 290. Mr. Howard's will, made the 
following year, seems to imply that it had been still a place privileged for 
Romanists. 



THE HOWARD PAPERS. 395 

eras, near London, " where catholics are allowed to be 
buried." " A plain coffin and small expense," were the 
directions to his executor; one only vanity, excusable as 
marking his prevailing taste and the remembrance of his 
noble descent, exceeded the narrow limits of his wishes, — 
he desired that a coach and six horses might follow him to 
his rest. 

In the rural little church-yard of St. Pancras, situate on 
a knoll in the fields to the north of London, Mr. Bernard 
Howard found a grave in the year 1717. # No memorial 
marks the spot; but a stone, it is understood in the imme- 
diate vicinity, still records the resting place of his brother, 
Esme Howard, "youngest son of Henry earl of Arundel 
and Surrey," and the niece whom he remembered in his 
will.f Kenneth Mackenzie, of Wotton, co. Warwick, esq., J 
the surviving executor, was the friend who administered 
his estate, and proved the will, the 17th December, 1717.§ 

His only son, Bernard Howard, esq. " of Winchester," 
born in 1674, was forty-three years of age at his father's 
decease; and had been married seven years to the lady 
Anne Roper, daughter of Christopher lord Teynham. Some 
of the authorities say she was the daughter of Christo- 

* He died the 21st October, at the age of seventy-five years. 

t Mr. Esme Howard died in 1728, in the eighty-third year of his age. 
The inscription on his grave stone will be found in Barak Longmate's 
edition of Collins' Peerage, 1777, v. \., p. 128. 

t Not only by political sentiments, but by family connection, has the clan 
Mackenzie been linked to the house of Howard. The Peerages note that the 
lady Frances Herbert, daughter of William marquess of Powys, married 
Kenneth Mackenzie, earl of Seaforth, in Scotland. — (Ante, p. 278; and 
Add. Notes, App.) He followed the fortunes of king James at the revolu- 
tion of 1688, and died in Paris, in 1701. His son, William, fifth earl of 
Seaforth, in arms at Sheriff-Muir, was attainted as the consequence of 
defeat, and ended his days in a foreign clime. By intermarriage in after 
years, Mary Mackenzie, second daughter of Kenneth, viscount Fortrose, 
eldest son of the attainted earl, became mother of Kenneth Alexander, 
eleventh lord Howard of Effingham. In the interest of the imperfect records 
of the clan Mackenzie, the information in the text has been disinterred 
from the dust of Doctors' Commons. § In Cur. Prserog. Cantuar. 



396 THE HOWARD PAPERS. 

pher, fourth lord Teynham, by his second wife, Philadelphia 
Knollys : # if so, the bride would have been about sixty 
years of age at the time of her marriage, and many years 
the elder of her alleged husband. On other authority, f 
with more probability the lady is represented to have been 
a niece of her name, — one of the eight daughters of Chris- 
topher, fifth lord Teynham, and his wife the lady Elizabeth 
Browne. J The fifth lord Teynham, of stout Romish prin- 
ciples, was a nobleman in whom James the Second placed 
confidence; and, in 1687, when preparing his coup d'etat, 
entrusted with the lord-lieutenancy of the county of Kent. 
The trust was important to retain, impolitic to resign; and 
lord Teynham, following his majesty's example, retired 
with it to France, and died at Brussels the same year. 
Anne, his fifth daughter, was the lady who, at the age of 
five and twenty, in the year 1710, gave her hand to Mr. 
Bernard Howard, at the age of thirty-six. In the contest 
for hymeneal bonds, the family of maiden Ropers might 
boast of more than average success. Of her seven sisters, 
two only were devoted to celibacy and became nuns ; three 
others married into Roman catholic families of note ; — and 
one of them produced a wife for another scion of the house 
of Howard. § 

By a misnomer in the family pedigree, very apparent, 

* Collins, v. v., p. 139 j Idem, ed. Sir E. Brydges, v. vii., p. 85; Long- 
mate, v. vii., p 75 : Jacob, v. ii., p. 424. 

t Dallaway, Hist. Western Sussex, v. ii., p. 184. 

t Daughter of Francis, third viscount Montague, and Elizabeth, daughter 
of Henry Somerset, marquess of Worcester. 

§ Winefreda, daughter of Thomas Stonor, of Watlington, co. Oxford, 
married to Mr. Philip Howard. — Ped. } ante, p. 46. The three brothers of 
the lady Anne Roper, successively inherited the paternal title : the 
youngest, Henry lord Teynham, in the year of rebellion, 1715, conformed 
to the protestant faith, and took his seat in the House of Peers. In Feb- 
ruary, 1723, his lordship was appointed Gentleman of the Bedchamber to 
his majesty George the First; and on the 16th May, the same year, the 
unhappy nobleman " shot himself through the head with a pistol, at his 
house in the Haymarket, and died immediately." — Hist. Meg. 



THE HOWARD PAPERS. 397 

Mr. Bernard Howard is described " of Glossop, in the 
county of Derby:"* a manor he never possessed, and on 
which he could not have placed any probable hope of pos- 
session by inheritance. His circumstances, indeed, appear 
to have been marked rather by quiet contentment than the 
affluence his descent and alliance might suggest. Repre- 
sentative of the eighth house of a noble lineage, decadence 
had undoubtedly become the lot of the Cross Moline ; nor 
was the noble head of the family able to arrest the down- 
ward course of fate, although he made the attempt with 
a legacy of four thousand pounds ;f and foreshadowed the 
possibility of a splendid future, that none but the weird 
sisters of the blasted heath could have realized to the 
imagination.^ No auspicious star, however, shed a brilliant 
influence on the fortunes of Mr. Bernard Howard ; and he 
settled his affairs with the world on a very moderate scale 
of gentility. " Sick and weak in body, but of sound mind 
and memory, Bernard Howard, of the city of Winchester, 
esq/' on the 10th April, 1732, — made his last will and tes- 
tament. All the copper, brass, pewter, and furniture in 
his dwelling house, he bequeathed to his dear wife, for her 
own use and benefit ; and also the jewels, plate, and money 
therein. His estate, at Leigh, near Dorking, in Surrey,^ 

* Fam. Mem. by Henry Howard of Corby, esq,; Tiernay, Hist. Arundel, 
t Will ofThomas duke of Norfolk, 1732. 

X Thomas duke of Norfolk, in 1732, devised his estates in remainder to 
the use of Mr. Bernard Howard of Winchester ; at which time there were 
interposed to the succession of his line, the duke's brothers — Mr. Edward 
Howard, and his possible heirs; and Mr. Philip Howard, and his issue, of 
whom one son was already in esse} and the heir of the Greystoke line, with 
several brothers of that house, named in the settlement, and their issue ; 
all having priority of right in the inheritance. 

§ The manor of Shelwood, including certain lands mentioned, in the 
small parish of Leigh, in the weald of Surrey, had been the inheritance of 
Sir Richard Lechford, knt., who conveyed to trustees; when the manor 
and lands were severed and dispersed. The Hook Farm, which appears to 
have been settled on his widow, passed to Mr. Bernard Howard, the son of 
her second marriage. — Manning, Hist. Surrey, v. ii., p. 181. 

2c 



398 THE HOWARD PAPERS. 

and all other his estate, real and personal, he devised to 
the duke of Norfolk,* the lord viscount Montague,f and 
Philip Howard, esq,, brother of the said duke, in trust, to 
sell and dispose of the same ; and to pay to his dear wife, 
for her life, an annuity of one hundred and fifty pounds, 
by equal quarterly payments; five pounds per annum to 
each of his three sisters ; and after payment of his debts 
and funeral expenses, to divide the residue as they, the 
trustees, might decree, or equally, among his six children. J 
Mr. Bernard Howard died at Winchester, in April, 1735; 
and among memorials of the Talbots and other known 
names of the old faith, in the ancient burial ground of St. 
James, in the suburbs of the city, a mouldering stone records 
his noble descent.^ Mrs. Anne Howard, his wife, died at 
Paris, in 1744, and lies buried in the church of the English 
Augustine nuns ; where a daughter of her own name had 
taken the veil.|| Mary, second daughter, is represented to 
have died in youth. Bernard, the eldest son, a catholic 
priest, died at Buckenham, in Norfolk, and was buried at 
West Toft, in that county. % Thomas and Charles, third 

* Edward duke of Norfolk. 

t Anthony, sixth viscount Montague, first cousin to the lady Anne 
Roper, wife of Mr. Bernard Howard. 

t Test, in Reg. Cur. Prserog. Cant. 

§ Bernardus Howard, Norfolcise Ducum sanguine illustris, Christiana 
pietate morumque probitate illustrior. Obdormivit in Domino, 22 Apr., 
1735. — Milner, Hist. Winchester, v. ii., p. 175. Mr. Tiernay gives the 
date of his decease April 12, and adds, that he was buried at St. Cross, 
near Winchester. — Hist. Arundel. Mr. Henry Howard of Corby prints it 
" near Westminster." — Fam. Mem. Of the parish church of St. James, 
nothing remains but the record of its dedication and the early devotional 
services within its walls. 

|J Mr. Henry Howard of Corby says, the daughter, Anne Howard, was 
Abbess of the Convent, Rue Charenton, Paris. — Fam. Mem. 

% Dallaway, Hist. Western Sussex, v. ii., p. 184: who adds, that he 
died in 1711 (the year after his father's marriage). Mr. Henry Howard of 
Corby, dates his birth in 1710, and his decease in 1715; adding a copy of 
the monumental inscription from West Toft, which states that he died May 
27th, 1746, at the age of thirty-five. — Fam. Mem. 



THE HOWARD PAPERS. 



399 



and fourth sons, were ecclesiastics of the church of Rome ; 
the former dying at Douay ; the latter at Paris, in 1793 :* 
and the second son, Mr. Henry Howard, born in 1713, 
remained "the only secular member of his family." 

" When states and empires have their periods of declen- 
sion, and feel in their turn what distress and poverty is — ," 
wrote the Sentimental traveller, " I stop not to tell the 

causes which brought the house of into decay." 

Perhaps it were needless, when the preceding chapter had 
introduced to the reader a chevalier de St. Louis selling 
patees in the street at Versailles. An ungrateful country, 
— the decree of fate, — were reason enough for the climax in 
both cases : the subdivision of a patrimony that never 
exceeded the exigencies of mediocrity, and the restraint of 
pernicious laws that barred honorable exertion in the public 
service; that, — in the words of Mr. Charles Howard of 
Greystoke, excluded the romish aspirant from " honors 
and emoluments acceptable to persons of his rank," — may 
suffice for the parallel : and if the poor chevalier with the 
croix upon his breast, — felt no dishonor in vending his 
patees, as the humble provision in lieu of a better, awarded 
him by Providence, — who may repine at the adversity of 
his lot in life ! Nevertheless, the same noble sentiments 

that induced the marquess d'E to attempt the repair 

of his broken fortunes in a commercial pursuit, led Mr. 
Henry Howard to seek the temple of fortune by the portal 
of trade. He resigned the vain illusion of patrician poverty 
— the inability to maintain rank in idleness : like the Bre- 
tagne noble, he sought redemption in a lower grade of the 
social scale: and why, asked his good cousin of Greystoke, 
— "why should commerce disgrace the younger sons of 
noblemen and gentlemen?" Why, indeed, when history 
tells how noble houses have had their origin in a fortunate 
citizen : how ill-provisioned nobility has stooped to fortune 
in citizen wives. Mr. Charles Howard doubtless had his 

* Fam. Mem. by Henry Howard of Corby, esq. 

2c2 



400 THE HOWARD PAPERS. 

adventurous cousin in his mind's eye when he sought an 
apology for the humiliation of noble poverty, by asserting 
the dignity of trade. # The marquess resigned his sword 
and embarked for Martinico,— Mr. Howard also sought an 
incognito away from the home of his fathers ; but here the 
parallel must part company ; for while the marquess 

d'E was successful in his industrial pursuit, Mr. 

Henry Howard's ventures unhappily failed, — his argosies 
miscarried ; his bond was forfeit ; and tradition tells that 
he became — worse than nothing — 

A poor and broken banquerout; 

wrecked past hope — 

By dreadful touch of Merchant-marring rocks : 

his small estate — the Hook farm, — its proceeds lost in the 
commercial venture, — in 1751 was conveyed to Edward 
duke of Norfolk ;f and the heir of the eighth house of Arun- 
del stood in the wide world, naked as Adam, stripped of 
all, save the civil right of a pauper — if he had not lost his 
native settlement — to receive maintenance from the land ! 

When a man has descended the ladder of fortune to the 
lowest round, — free from the embarrassments that confine 
and limit the exertions of many on the steps above, he has 
all the resources in the world at his command that honor 
or shame will permit him to apply to the circumstances of 
his condition. He may be ambitious, and recommence 
his assent — if he can contend against the kicks and cuffs 
of his supernal competitors : he may be contented in the 
slough misfortune has cast him. La Fleur, disappointed 
in his career of martial glory, retired a ses terres, and lived 
comme il plaisait a Dieu — that is to say upon nothing. 
The poor chevalier de St. Louis stood with his decoration 
and basket of patisserie at the palace gate awaiting the 
chances of better fortune : the marquess d'E ~, perhaps, 

* Ante, p. 41. 
t By Indentures, dated 6th and 7th June. See the will of Edward duke 
of Norfolk, 1777. — In Reg. Cur. Prcerog. Cantuar. 



THE HOWARD PAPERS. 401 

had failed in his endeavour to reclaim his nobility and 
maintain his ancient rank, had not his successful applica- 
tion to business been materially assisted by some unlooked 
for bequests from distant branches of his house. Mr. 
Henry Howard also had wealthy kinsmen in high places ; 
and himself moreover inherited great expectations; but of 
a quality so problematical, that future generations of his 
house might yet have entertained them as distant and un- 
certain hopes. Sad in the experience of the world, to have 
cherished a contingency that must have been viewed by 
reasoning minds as the chimera of a vain ambitious fancy, 
though it might have added to his sorrows would have 
effected little for his relief; and the resource of La Fleur 
might have been his fortune had he not turned his business 
knowledge to account, — accepted the humble alternative 
for poverty that Providence offered him ; and with the 
pious contentment of the poor chevalier de St. Louis 
patiently abided the turn of fortune's tide. The position 
of Mr. Henry Howard in the duke's family has been referred 
to ; # and whatever may have been his duties, it will be 
sufficient that he made himself useful in his vocation ; and 
in lieu of becoming the " poor hang-on gentleman " dis- 
countenanced by his philosophic cousin of Worksop, re- 
ceived the gratuity of his services, and the discriminate 
friendship of a noble patron that eased his position and 
assisted his natural ambition to regain his lost independence. 
It is unquestionable — every circumstance tells the tale— 
that whiie Mr. William How T ard — under some involuntary 
obligation, as it seems, was receiving his narrow income, 
apparently from the ducal coffers, Mr. Henry Howard was 
indebted to the duke for his daily bread : and though facts 
disallow the representation that the former had been "a 
humble dependant on his bounty," the latter, nevertheless 
rendering service for an equivalent, must still be included 

* Ante, p. 43. 



402 THE HOWARD PAPERS. 

in the category descriptive of the benevolent countenance 
of a poor relation in the favors he received. 

At the age of fifty-one, Mr. Henry Howard was still the 
humble attendant on fortune's favors ; and still the only 
secular member of his family : the misfortunes of past 
years, the dependence of the present, perhaps, had kept 
him still a bachelor: fashionable cupid had no shaft for 
his position : his prudence or his pride had been armour- 
proof against the institution of domestic comfort in a low 
degree. How, in such a case, — " applying fears to hopes, 
and hopes to fears," — might the impediments to posterity 
be overcome ? Shall the death's head surmount the 
'scutcheon of the eighth house ? In the umbrage of adver- 
sity shall the Cross Moline become extinct; and lose the 
happes that smiling fortune might yet have in the bosom 
of time ? It was the toss-up of a marriage licence at this 
moment, whether or not Mr. Henry Howard of Corby, 
seventy years later, should have been able to inscribe Stet 
Fortuna Domus!* — rare event — beneath that distant 
badge of noble cadency. Cruel Mr. Tiernay en sang froid, 
has contemplated the time when the earldom of Arundel 
shall be separated from the dukedom of Norfolk.f Long 
may it be ere the guardant lion of the ducal coat shall 
droop its extended tail ; or the slip of oak, fructed, proper, 
fail its autumn mast ! Far-seeing cupid, adopting the 
urgent spirit of the wish, at once compounded the matter 
with prudence ; and thus it happened : — 

In 1763 the duke commenced his noble work, the re- 
erection of the manor-house of Worksop; and it is to be 
supposed that Mr. Henry Howard, as duty required, was 
sometimes there. At the little village of Wellow, ten miles 
distant, resided, in modest retirement,^ Mr. William 

* Vide Fam. Mem., fol., 1836. t Vide Hist. Arundel, p. 513. 

X The county historian describes the residence " a small hall-house with 
suitable gardens. — Thoroton, Hist. Nottingham., v. in., p. 203. Wellow, 
a small village of cottagers principally employed in the neighbouring hop- 
gardens.— Beauties of Engl, and Wales, v. xh\, p. 391. 



THE HOWARD PAPERS. 403 

Molineux, one of the verdurers of the royal forest of Sher- 
wood, and his two daughters : a son also there was, whose 
fortune in life had yet to be developed. # Mr. William 
Molineux was the seventh son of a baronet,f and brother 
of Sir Charles Molineux, of Tiversal, in the shire of Not- 
tingham, on whom the title had devolved. Sir John 
Molineux, the first baronet, of a vivacious and liberal spirit, 
had carried his hospitality so far beyond the limits of his 
income, that much of his estate had been brought to sale 
and the remainder to mortgage ; so that to maintain the 
titular rank with suitable dignity, the cadets of his house, 
— and they were numerous in several generations,— had to 
look beyond a paternal inheritance for the means of inde- 
pendence. Mr. William Molineux had married the daughter 
of Mr. William Challand, of Wellow, and found a home 
and contentment in her moderate endowment. Miss Juliana 
Molineux, his younger daughter, of the age of five and 
twenty, was the lady on whom the bolt of cupid fell, — whom 
Mr. Henry Howard accepted as the decree of his destiny. 
Though sentiment may be of any age, it need not be here 
assumed. Mr. Howard, beside his gravity of years, was 
too sedate in the experience of the world to disport himself 
in Lincoln green, — pend tedious homilies of love on melan- 
choly boughs, or — 

carve on every tree, 

The fair, the chaste, the unexpressive she. 

On the part of the lady, whether the jealous Oberon had 
bathed her sleeping lids with love-in-idleness, or what other 
philter had bound her to her fate, the tyrant god in his 
conquest certainly had not employed his " best arrow with 

* The year following the marriage of his sister to Mr. Henry Howard, 
Mr. Francis Molineux received the honor of knighthood and the appoint- 
ment of Gentleman Usher of the Black Rod. 

t Sir Francis Molineux, of Tiversal, bart., who died in 1742, at the age 
of eighty-seven. He married, Diana, daughter of John Howe, esq., by 
whom he had seven sons and three daughters. 



404 THE HOWARD PAPERS. 

the golden head ;" and it would be ungallant to suppose 
the stricken fair to have been constrained to act on Rosa- 
lind's advice : — 

Sell when you can : you are not for all markets; 
Cry the man mercy : love him ; take his offer : 

yet she did accept his offer, — his moderate offer, when her 
advance in position, — pending the negociation, — from the 
niece to the daughter of a baronet, be cast into the balance. 
Sir Charles Molineux deceased in July, 1764, unmarried; 
and the intervening brothers having all died without issue 
male, the father of Miss Juliana became Sir William 
Molineux, of Wellow. A settlement, for her widowhood, 
was made on the lady, of ninety pounds per annum ; for 
the payment of which amount the duke became responsible 
by his bond, dated the 29th September the same year; # 
and on the 30th October the contracting parties were 
married at Wellow. To complete his happiness, the bride- 
groom had received the appointment of agent for the duke 
over his Yorkshire property ,f and became " Mr. Howard 
of Sheffield, " from the place of his residence ; where, and 
subsequently at the village of Darnall,} his children were 

* In his will, reciting the circumstance, (his altered prospects admitting 
of other provision) the duke " trusts Mr. Henry Howard, if he has not 
already done so, will take means to discharge his representatives from 
the liability." 

t This circumstance will explain the terms of expression in the duke's 
will (ante, p. 43, n.). The agency had been formerly held by Mr. Sher- 
burne, of the Stonyhurst family, a distant relation of Mary, late duchess of 
Norfolk.— Hunter, Hist. Sheffield, p. 150. 

i Two and a half miles distant from the town, in the parish of Sheffield, 
writes Mr. Hunter, is the small village of Darnall, inhabited for the most 
part by agriculturists and persons engaged in the collieries or the different 
departments of the Sheffield manufactures. The capital mansion of the 
Stauiforths, in the heart of the village, was built in 1723 by the father of 
the present inhabitant. After the death of Mr. and Mrs. Staniforth, and 
the removal of their eldest son to Liverpool, it was some time the residence 
of Henry Howard, esq., father of his Grace the duke of Norfolk.— Hist. 
Sheffield, pp. 252, 254. 



THE HOWARD PAPERS. 405 

born, between the years 1765 and 1774.* In the interim 
the Cross Jfoline, if it shone not with greater brilliancy, 
revived in expectancy and hope. By the desolation of the 
duke in the loss of his favored nephew and heir, Edward 
Howard, in 1767, the issue of his brother Philip, had 
become extinct in the male line; and Mr. Henry Howard 
of Sheffield had only the Greystoke family between himself 
and the dukedom ; but, like Mercutio's wound, it was 
u enough;" and the heir in remainder became food for 
worms an untitled gentleman. The duke, however, took a 
just and favorable view of the nearness of propinquity of 
the Howards " of Sheffield " to the line of honor in succes- 
sion, and their absolute dependence on himself: and in 
addition to the settlement before mentioned,f by which 
Air. Henry Howard of Sheffield, and his heirs, became en- 
titled in remainder to the ducal estates, on the extinction 

the Greystoke family, he. the same year, made a deed 
by which, on his decease, Mr. Henry Howard would 

some immediate heir to the Derbyshire manor of the 
TaJbots ;i hence, on the accession of Charles Howard of 
Greystoke to the ducal honors. Mr. Henry Howard of 
Sheffield abandoned a nominal for a territorial designation, 
and became Mr. Howard "of Giossop." At the same 
time, the Surrey farm, dowry of his grandmother, expended 
by himself, also reverted to his family. By his will, the 
duke devised to trustees the * Hook farm, in the county 
of Surrey,'" with directions that it be settled on the children 
of Henry Howard oi Sheffield and his wife Juliana: and 

* The sons were, Bernard Edward, born at Sheffield, 1765; Henry Thomas, 
bom 1766; and Edward Charles, born at Darnall, 1774; the daughters, 
Mary Bridget, born while her parents were at Worksop, in September, 
1767 ; and Juliana Barbara, born 1769, at Darnall. — Hunter, Htit. Sheffield, 
p. 10-2. t Page 29, n. 

: By Indentures bearing date the Bth and 9th September, 1767. The 
duke reserved to himself the power of charging the estate with annuities to 
the extent of one hundred and twenty pounds per annum; of which right 
he availed himself in his will. 



406 THE HOWARD PAPERS. 

he constituted the former executor of his will and residuary 
legatee of his personal estate. The year 1777 realized 
these expectations, and established the Howards of Win- 
chester as a new dynasty, to rise or fall by the doom of 
time. Mr. Henry Howard survived his accession of inde- 
pendence ten years; and in 1809, when Mr. Hunter and 
others explored the vault beneath the Shrewsbury chapel, 
in the church of St. Peter, Sheffield, the only remains they 
discovered were those of Gilbert earl of Shrewsbury, 1616, 
father of Alathea, countess of Arundel, whose noble in- 
heritance in days of adversity long passed, had been the 
chief support of the impoverished house of Howard ; and a 
coffin, with the following inscription : — 

Henry Howard, Esq. 

of Glossop, 

Ob c . 11 Nov., 1787, 

.ZEtatis 74.* 



* Hist. Sheffield, p. 150. Mrs. Juliana Howard survived her husband 
about twenty years; and was buried at Ingatestone, in Essex. 



THE HOWARD PAPERS. 407 



CHAPTER X. 

Long absent Harold re-appears at last. 



THE LINE OF POVERTY RESUMED. 

Pleased with the present, thoughtless of the future, we 

left young Walter Howard on board the good ship , 

bound for Oporto, where he arrived in the year of grace, 
1773, with the designed object before him of receiving in- 
struction in the mystery of wine ; but whether he was en- 
dued with those laudable aspirations for independence by 
self exertion, so highly extolled by Mr. Charles Howard 
of Greystoke ; whether he entertained the notion of be- 
coming "a useful great merchant," and devoted his energies 
assiduously to the acquisition of knowledge in the curious 
branch of industry professedly designed for him, and pro- 
fitted by any instructions he might have received; or 
whether he disported himself as a young gentleman of 
good family and expectations, placed in a profitable way of 
life merely as a temporary occupation or amusement, must 
be gathered from circumstances. It does not appear that 
his commercial pursuit furnished any serious occupation, 
or restrained him from the pleasures and recreations of 
gentlemanly life ; nor were his means insufficient for its 
enjoyment; whence it may be presumed that his supplies 
were not doled out with a too niggardly hand, and that the 
industrial object of his expatriation had not been severely 
directed. His principal employment seems to have been 
amusement,— perhaps his occupations were light and in- 



408 THE HOWARD PAPERS. 

teresting, and he made them pleasures. It might have 
been assigned his duty to travel the wine districts, in order 
to become acquainted with the distinct character of the 
natural vintage, and the growth of particular estates; he 
might have been instructed to study their particular 
character, flavour, bouquet ; and the divine act of mixing 
the various qualities to the palate of delicate appreciation. 
Whether any of these objects or mere pastime led him 
from the occupations of town life, certain it is that he went 
much abroad, was familiar with the face of the neighbouring 
country; and occasionally, with his gun, enjoyed the sports 
of the field, with a zest perhaps peculiar to English life. 
Five years had passed thus agreeably when his father died, 
and about the same time, — within a month, — his generous 
benefactor, Edward duke of Norfolk, closed his long career; 
but whether or not the latter circumstance affected in any 
degree the maintenance of his position at Oporto, his return 
to England was hastened by an occurrence personal to 
himself, that threatened to sever with a rude hand the 
promise of his days. 

It happened about this time that Mr. Howard had on 
several occasions encountered a peasant — the same man, — 
who, in distant parts and secluded places, had come upon 
him unawares. In fields and wooded shades, remote from 
each other, the same man, as if by enchantment, had risen 
in his path. Mr. Howard had been too long in the 
country, and was of a bodily frame too robust to fear an 
unarmed peasant ; and he had no enemies whose vengeance 
he had to dread. If the meetings had not seemed casual, 
the greetings that accompanied them, — far from unpleasant, 
— disarmed suspicion, or he might have thought his foot- 
steps had been dogged ; but so it happened ; and the re- 
currence, after salutation on the one part and recognition 
on the other, had often resulted in conversation on passing 
events; for the man was both intelligent and communica- 
tive; and was ever ready with an explanation for his 



THE HOWARD PAPERS. 409 

presence at the particular place and time of the strange 
encounter. 

On the last occasion of their meeting, Mr. Howard was 
out with his gun, and the peasant, as usual, had agreeable 
knowledge to impart of the whereabouts of game ; a sub- 
ject a propos, and interesting at the moment, for the young 
sportsman had gone over much ground with small success, 
and was not undisposed to listen to the tale. Resting with 
both hands upon the muzzle of the gun, and his chin upon 
his hands, with the listless attention of one half tired and 
disposed rather to hear than to talk, Mr. Howard took his 
ease in an attitude in which sportsmen of the last century, 
if we may take the evidence of antiquated prints, were not 
unaccustomed to indulge. At this moment, — had he been 
watching for his opportunity, one perhaps so favorable had 
not before occurred, — the peasant, stooping carelessly as 
if to pick up a stone, suddenly pulled the trigger of the 
gun, and made a hasty retreat, leaving his bleeding victim 
apparently dead upon the ground. How he was discovered 
by villagers returning home from the labours of the day: 
kindly tended by female hands, when the severity of his 
wounds rendered him entirely helpless, and wholly de- 
pendant on " woman's heavenly mission " for the many 
little attentions and the watchful solicitude that contributed 
so much to his ultimate recovery ; and with what careful 
regard he was borne to his foreign home at Oporto, might 
fitly make a chapter more exciting than romance. It will 
be sufficient, however, to state that the charge had passed 
through both hands, making sad havoc with the lower part 
of the head and face : indeed, for some time, the life of 
the poor youth was in considerable danger; and the injury 
to his hands was observable, in contracted sinews, to the 
end of his days. 

The peasant was not again seen, nor from description 
could any trace be found of his whereabout; and though 
no motive, present or remote, occurred to the sufferer at the 



410 THE HOWARD PAPERS. 

time, yet speculation at an after day, united to other cir- 
cumstances, would sometimes involuntarily force themselves 
on his mind, of a design of assassination in a way least 
calculated to excite suspicion, — that might appear to the 
world, — if the world should ever come to the knowledge 
of the fact, — as the accidental result of the careless use of 
a sportsman's toy. 

When sufficiently recovered from his wounds to encounter 
the voyage, Mr. Walter Howard returned home, — a young 
man in the twenty-first year of his age. Home ? Where 
was his home ? His parents were dead : his aged patron 
had closed his long account with the world. Where should 
the crippled youth find his home — -where seek a friend? 
If the record that closed a former chapter* had told a true 
tale, Mr. Walter Howard would have returned to England 
duke of Norfolk ; but the statement was an error, occurring 
— no matter how ; — certainly not with the connivance or 
contrivance of the maimed son who was abroad, nor of Mr. 
William Howard himself, whose days had been numbered 
to their last moon ; yet it bears strange affinity to the 
tradition that he had been called " brother," by the 
" eccentric " Charles Howard of Greystoke, whose succes- 
sion to the dukedom had been for ten years the subject 
of settlement, and who followed him to the grave as chief 
mourner ! It would be in vain, at the present day, to 
endeavour to account for the remarkable and mistaken 
announcement. Error though the statement be, the fact 
is significant that the name of William Howard was so well 
known in connection with the ducal family as to have be- 
come associated with the collateral heirship of the Norfolk 
honors; while that of the actual successor — the recluse 
Charles Howard, not unfamiliar to the literary world by 
his several published works, could hardly have been less 
known or unknown to the accomplished editor of the Gen- 

* Page 364. 



THE HOWARD PAPERS. 411 

tleman's Magazine.* Nevertheless, how far from the direct 
truth ! The fountain of charity erected by the late duke 
in his last moments, was the only visible tie that bound 
the memory of the past with the hopes-— perhaps the ex- 
pectations — of the actual present; and, without repeating 
the arguments of Archdeacon Paley or the assumption of 
Mr. Banks, there it yet stands in record — let it be of the 
simple fact, that in 1777, Walter Howard, living with Mr. 
Searle, at Oporto, had been an object of remembrance and 
of sympathy with the aged duke. 

With a capital secured to him of " one thousand five 
hundred pounds South Sea Stock, and the accumulations 
thereon," for industrial purposes ; or a life interest of forty- 
five pounds per annum, Mr. Walter Howard, a youth, 
under age, arrived in England, with the world before him, 
to carve his way as best he might. The duke — the new 
duke — who had mourned over the grave of the father, be- 
came the friend, he might have been the counsellor, of the 
son. With his published opinions on the dignity of trade 
or the non-degradation of commercial pursuits, it might 
have been expected that he would have incited the young 
Walter to pursue the path of industry that had been 
indicated for him by his deceased patron, and become the 
living monument of his own ideal of reduced nobility — " a 
useful great merchant." But if the same activity of zeal 
— the same industrial ideas that guided the pen of the des- 
ponding commoner had accompanied the writer to his noble 
ease, there is nothing to shew that the proposal had ever 
been made : certainly it was not adopted : consideration 
for his youth, commiseration for his personal disability, at 
an early period, may perhaps be alleged as an undisposing 

* "Thoughts, Essays and Maxims, chiefly religious and political, 
addressed to his son, by Charles Howard of Grey stoke, esq.," 1768, was 
reviewed in the Gentleman's Magazine, v. xxxviii., p. 34. " Historical 
Anecdotes of several of the Howard Family," by the same author, 1769, 
was reviewed in the Gentleman's Magazine, v. xxxix., p. 350. 



412 THE HOWARD PAPERS. 

cause ; and introduced a mode of life which habit, not 
stimulated by actual necessity, confirmed. Could it have 
been that Mr. Walter Howard became to Charles duke of 
Norfolk, the "hang-on gentleman," which Mr. Charles 
Howard of Greystoke had deprecated as the scandal of 
impoverished nobility? It has been written by one who 
assumed to know something of the family story, that " he 
and his father before him had been humble dependants on 
the ducal family."* Whether such had been the fact, or 
the circumstances otherwise, it cannot be denied that the 
narrow income on which it is said the father had lived by 
the agency of duke Edward, was continued to be received 
by the son unquestioned as of right, or ungrudged as of 
charity, from the agent of the first duke Charles. With 
the addition of the revenue from his South Sea Stock, it 
was ample for all his wants : he had no need of industry to 
eke out a comfortable subsistence ; and ambition of wealth, 
beyond the supply of his moderate desires, he had none. 
For commercial pursuits he had no inclination ; and if his 
five years residence at Oporto had been servitude in a 
trading occupation, perhaps, neither aptitude nor talent; 
since, in his greatest penury, it does not appear to have 
occurred to him to adopt any industrial pursuit to relieve 
his necessities or increase the pittance on which he lived — 
or starved : but it must then be said for him that he was 
too old to commence a career : — 

At seventeen years many their fortunes seek : 
But at fourscore it is too late a week. 

As a country gentleman he would have managed his 
estate with economy and profit : he understood the course 
of agriculture, and his general knowledge of country life 
must have been the result of considerable observation. 
His pleasures were amid the beautiful scenery of nature's 
works; his happiness the economical ease of rural life; and 
his delight the poets that describe them with the happiest 
* Ante, p. 13. Gent. Mag., v. lxxxvi, pt. i., p. 66. 



THE HOWARD PAPERS. 413 

effect. Some loose papers in his own cramped penman- 
ship, contain selections that mark the character of the man,, 
and express the modesty of his contentment : — ■ 

" Not pinched with want, nor cloyed with wanton ease; 
Who, free from storms that on the great ones fall, 
Makes but few wishes and enjoys them all." 

Bat these unquestionably were the aspirations of adver- 
sity rather than the meditations of contented ease; and 
refer to later years when misery had long been the familiar 
companion of his hearth. His early manhood afforded no 
pressing necessity to become reflective — no occasion to seek 
diversion from the sufferings of penury in contemplation of 
the sufficiency he enjoyed. Happy had it been for his 
after years if he had then sought an explanation of his 
resources, and understood their foundation and stability : 
that he did not do so is an enigma that may surprise, but 
is not perhaps beyond solution. From early childhood 
Walter Howard had been accustomed to the caresses of 
the duke: Norfolk house had been familiar to him as his 
parents' home: duke Edward had been the patron and friend 
of his youth : and when he returned to England crippled 
and helpless, — his ancient friend no more, and his parents 
deceased, — he looked to the duke in possession — the friend 
of his father, — spontaneously as the guardian of his early 
manhood. His supplies were continued ; and he accepted 
them, as an accustomed due ; or, it may be, as a right 
accruing since his parents' decease. It was not during the 
lifetime of the successor of duke Edward that they were 
questioned ; and the earliest murmurings that appear upon 
record are, that debts had been brought against his inherit- 
ance. In the words of his own memoranda, when ill- 
treatment had produced angry reproaches, " false debts 
had been charged upon the estate at the decease of his 
parents."* The first duke Charles, overwhelmed by the 
greatness of a fortune he was wholly unfitted to enjoy or 

* MS. 1797. Penes me. 

2d 



414 THE HOWARD PAPERS. 

to dispense with dignity, was contented to accept the 
magnificent trust with all its contingencies as he found 
them. His interest in the estates had been limited and 
denned by the settlement of duke Edward ; his control of 
the personalty by the duke's will.* The repose of his 
short tenure of nine years was unbroken by any great act 
of nobility, of public scandal or private censure. Urikind- 
ness or a want of generosity, amidst plenty, were not 
among his eccentricities ; and too rigid a scrutiny of the 
obligations of the Howard he had followed to the grave 
and mourned as a " brother " would hardly have been 
consistent with the christian philosophy he had professed 
in print: the obligations of the parent, whatever they may 
have been, were not allowed to press heavily on the fortunes 
of the son. It is not improbable, however, that Mr. William 
Howard, limited in his income, may, in his latter days, 
have incurred debts, and left them by necessity as the sorry 
legacy of his heir, which a succeeding trustee, of a different 
cast of morals, may have felt himself called upon in stern 
justice to exact. Such are the speculations that will 
naturally arise from the study of an isolated fact. But the 
fact and the circumstances in their result, apply, in order 
of time, to the second duke Charles, who must be intro- 
duced to the reader before any estimate can be formed of 
the claims to sympathy of his contemporary, Walter 
Howard. 



* Ante, pp. 28, 360. 



THE HOWARD PAPERS. 



CHAPTER XL 



Have you the lion's part written ? 
If you have, I pray you give it ine, 
For I am slow of study. 

What a pretty thing man is, 
When he goes in his doublet and hose, 
And leaves off his wit ! 



THE LAST OF THE GREYSTOKE LINE. 

Mr. Charles Howard the younger, of Grey stoke, born in 
the year 1746, was twenty-one years old before his father 
became presumptive heir to the family honors, and thirty- 
one when he actually succeeded to them. At forty him- 
self became duke. " His education," writes a contemporary 
biographer, " had been narrow, and his habits far from 
such as connected him with the world and high society. 
He had been brought up a violent catholic, partly at Douay, 
partly in the north of England with a private tutor, and 
surrounded by priests. "* Such a training, in the opinion 
of his philosophic parent, fitted him for a model of the 
virtues. " I have given you/' wrote the father, in the face 
of the world, — "I have given you my opinion upon conver- 
sation and company ; and, thank God, I believe you are 
so well principled and instructed in religion, both as to 
faith and morals, — having had the best education that I 
could give you in relation to those points, — as to avoid all 
the pedantry of humanizing the mysteries of religion to the 

* Gent. Mag., v. Ixxxvi., pt. \., p. 65; Ann. Biog., v. i., p. 105. 

2d2 



416 THE HOWARD PAPERS. 

vulgar gross sensation of men."* The careful training of 
his heir and the parental solicitude for the consistency of 
his course of life, again appear in the dedication to his son 
of the " Historical Anecdotes of some of his ancestors (as 
patterns worthy of his imitation,) hoping that he may live 
up to the motto contained in the emblematical plate (in 
every sense it may be explained in) prefixed to these 
memoirs. "t It was one of his maxims that " without 
religion it is very difficult upon trial to be truly honest;"}: 
yet for the strict discipline of a faith that admits of no 
dissent, the teaching of Mr. Charles Howard was rather 
loose in morals as respects the balance of faith with the 
"winning side" in the political world. § Is it surprising 
then, with the way so well prepared for him, that his son, 
ambitious of public action, should abandon the losing 
game his fathers had been so long playing, and " warp 
his mind from the cool conviction and truth " they had 
so resolutely maintained through adverse days? Yet, if 
his parent had been a true prophet, the apostasy supplies 
a key to all his future life. " After their recantation," 
writes Mr. Charles Howard, " or what in Ireland is called 
swallowing the scorpion, their minds are unhinged, and 
their internal happiness is so affected by their future hopes 
being destroyed, that, by way of dissipation, or, if I may 

* Thoughts, Essays and Maxims, by Charles Howard, esq., dedicated to 
his son, 1768. 

t The title of the work runs : " Historical Anecdotes of some of the Howard 
Family, by the honorable Charles Howard, esq. $ dedicated to his son, 
Charles Howard, esq. of Greystock Castle, Cumberland, 1769." The emble- 
matical plate is an oval device on the title page, representing a rural scene, 
intersected by a rivulet. On the high bank of the stream, to the left, 
stands a castle (Grey stoke?). On the opposite side, in the background, 
appears a modest homestead, with cattle beneath a shed (Deepden?). The 
principal figure in the foreground, is a tall handsome sapling, with an aged 
pilgrim bending to its trunk, and with both hands supporting it in the per- 
pendicular. Above, the motto Gratus Posteritati. 

\ Thoughts, Essays and Maxims, ut supra. 
§ Ante, p. 25. 



THE HOWARD PAPERS. 417 

be allowed the expression, by way of flying from them- 
selves, they are hurried on into every pleasurable vice."* 
At the age of thirty- four, when he had been three years 
the heir apparent of a duke, Mr. Charles Howard read his 
recantation of the errors of popery; which enabled him the 
same yearf to contest Carlisle {where lie had already formed 
a party) against the Lovvther interest, and take his seat in 
parliament as member for that city. In politics it need 
only be said, that the " earl of Surrey " advocated the 
principles of Mr. Fox ; obtained the credit, by his weight 
and family influence, of materially assisting to turn out the 
ministry of lord North ;£ and by the Rockingham adminis- 
tration, u which showered honors, titles, and preferments 
on its adherents, in 1782 was rewarded with the Lord 
Lieutenancy of the West Riding of Yorkshire, and the 
Colonelcy of a militia regiment attached. Perhaps the 
earl was a little too boisterous in the liberalism of his party 
views: coadjutor with Home Tooke, he joined several 
associations advocating extreme measures; and in 1799, 
he lost his appointments under the crown, for toasting the 
Majesty of the People — rather advanced politics for a duke ! 
— at a Whig Club dinner. § In 1782, the earl had been 
appointed deputy Earl Marshal to his father; and four 
years later succeeded to all the family honors. The one he 
most prized, perhaps, was the Earl Marshal's staff; he 
never appeared without it on any great occasion ;|| and his 
robed portrait, seated in an arm chair, represents him, 
dangling the official baton in an attitude not remarkable 
either for grace or dignity. 51 The duke had no pretensions 
to oratory ; yet his attendance in the House of Lords was 
pretty constant, and he took an active, perhaps it may be 

* Thoughts, Essays, &c. by Charles Howard, esq. t 1780. 

+ Arm. Biog., v, l, p. 107. § Ibid., p. 1 1 1 . 

|| Gent. Mag., v. Ixxxv., pt. iu f p. 631. 
f See the engraving, after a painting by Hoppner, in Dallaway, Hist, 
Western Sussex, v. i\. } pt. \.,p. 187. 



418 THE HOWARD PAPERS. 

said a pertinacious concern in the private business there. 
He had a minute and inexhaustible curiosity, and took a 
passionate and capricious interest in the affairs of indivi- 
duals, both personal and local. To divorce cases he paid 
particular attention ; and on those occasions, must be al- 
lowed to have been liberal, for he was always particularly 
solicitous to obtain a suitable provision for the unhappy 
female who had deviated from the strict line of chastity.* 
In the committees for privileges, which he considered it a 
part of his official duty to attend, it has been said he dis- 
played jealousy of fresh claims, and rather leaned against 
the increase of the English baronage. His talents are said 
by those who knew him intimately, to have been quick, 
comprehensive and sagacious; but they surely wanted that, 
without which talents are rather dangerous and offensive 
than useful and ornamental, — they were not softened or 
liberalized by early education or the native and inestimable 
gift of tender or moral feeling. If they were acute, it was 
a hard and unbending; acuteness ! He had inherited some 
at least, if not a large portion, of the qualities ascribed by 
lord Clarendon to his ancestor, Thomas earl of Arundel. 
His mind was too much engrossed by the phantom of the 
exclusive greatness of the Howards; but it seemed as if he 
was not at his ease on this favorite idea ; he had a lively 
and never-sleeping jealousy of other families; he watched 
their pretensions with a severe and prejudiced solicitude, 
unbecoming the firm consciousness of the great family he 
represented. f Had his knowledge always been accurate, 
his mind disciplined to survey and balance both sides of 
the question calmly and without internal influence, this 
turn, though somewhat beneath a great mind in a great 
station, might have been at least harmless, But there are 
details to which it is scarcely possible to believe that a 
great mind having an opportunity to exercise itself on great 

* Ann. Biog., v. i., p. 116. 
t Bee the defence of* the duke, by his Official Secretary, ante, p. 23. 



THE HOWARD PAPERS. 



419 



things can descend.* In his private affairs he exhibited a 
knowledge of the world seldom to be met with in persons 
of high rank. He was singularly gifted with that talent 
usually designated shrewdness. It was impossible for a 
petty tradesman to overreach him, so conversant was he in 
the minutiae of business ; and this perhaps led to details 
and results not strictly ducal .f 

Other points in the duke's character seemed to indicate 
an equally equivocal symptom of calm and well-founded 
elevation. A studied neglect of dress, even to a striking 
and grotesque singularity, — to a rude inelegance proper for 
a low and penurious sphere of life,J — seemed a trap for 
petty distinction ; — to excite inquiry, and then surprise by 
the answer. A duke of Norfolk with a vigorous mind and 
a powerful revenue, wanted no artifices to secure respect, 
attention, and even wonder. Pleasure and gratification 
were so much within his power; nay, exercises as virtuous 
as keen were so hourly within his reach, that if any one 
so circumstanced should seek after perverse and ungener- 
ous modes of superiority or enjoyment, it must (to speak 
mildly) excite some regret at the weakness of human nature ! 
The low may be forgiven, though not justified, for envying 
the high ; but loftiness of station makes the generous heart 
treat those beneath it not only without jealousy, but with a 
placid desire to soften and efface the painful and unworthy 
sense of degradation. There is a disciplined and considered 
manner due to different stations of life. Coarse, familiar, 
and apparently free and equal tones of conversation, from 
men enjoying the most elevated rank, are but traps to 

* Gent. Mag., v. lxxxvi., pt. L, p. 66. 
t Ann. Biog., v. i., p. 116. 
t Gent. Mag. " A new suit," writes a personal observer, " was so sin- 
gular an occurrence, that on the duke entering the House of Lords a few 
years ago, a buzz of wonder took place from the time he passed by the side 
of the throne until he was seated; after which, as if by universal consent, 
there was a short ejaculation of ' a new coat ' both within and without the 
bar." — Ann. Biog., v. i., p. 124. 



420 



THE HOWARD PAPERS. 



draw insults on the inconsiderate and unpractised members 
. of inferior classes. Between familiarity and dignified ease 
there is a wide division. However agreeable some may es- 
teem plain, direct, and downright expression, and consider 
it as a proof of a strong and sound mind, there are at least 
high places which it does not become ; and where it argues 
narrow views and even a blind rashness, rather than true 
wisdom.^ It has been deemed no small inconsistency in 
the character of the duke, that he, who while sitting as 
representative for Carlisle, was so justly jealous of public 
liberty as to be the first actually to throw out a money bill 
amended by the Lords, should afterwards have disgraced 
his character by a traffic in rotten boroughs. f Political 
influence and the command of a certain number of legis- 
lative seats, has often been, in this country, a favorite am- 
bition with great peers. They have enjoyed the power 
which was the fruit of it ; but few, like Charles duke of 
Norfolk, have taken a pleasure in the means by which it 
was effected. His Grace loved the roar, familiarity, free- 
dom, and licentiousness of an election hall and election 
dinners : a curious occupation for the heir of the proud and 
lofty Howards and Mowbrays !J 

The duke had not read much ; and nothing with scho- 
lar-like attention and skill; but his friends say, that he had 
a natural penetration which enabled him to seize the pith 
of many books by a slight glance at their contents. He 
affected the patronage of literature, but it was expressed in 
a way peculiarly his own. He contributed handsomely, it 
is said, to the expenses of publishing Dallaway's History 
of the Western division of the county of Sussex ;§ while 

* Gent. Mag., v. Ixxxvi., pt. I, p. 66. t Ann. Biog., v. i., p. 119. 

t GenL Mag., ut supra. 

§ The first volume of this work, though dedicated to the duke, was not 
published in the lifetime of his Grace. In 1793, Mr. Dallaway dedicated to 
Charles duke of Norfolk, E. M., an Inquiry into the Origin and Progress 
of the Science of Heraldry, which procured for him the appointment of 
Secretary to the Earl Marshal; an office he held at the decease of the duke; 



THE HOWARD PAPERS. 421 

his conduct to another author whom he patronized, was so 
far from being magnanimous, that Tonson would have dis- 
dained, and Curll himself would scarcely have practised so 
mercenary an act. # The generosity of the duke, therefore, 
was rather capricious than genuine, and sustained by all 
the impulses of the unassured character described. 

In his private hospitality the duke displayed a liberality, 
that, — essential to his own pleasures, — though it might 
discover a foundation in ostentatious display, acquired no 
impulse from a generous spirit. Literary men, it is true, 
were frequently present at his board; and "one of the best 
lyric poets of the age there first exhibited some of the 
choicest specimens of his convivial muse ;"*f* but as no 
duchess did the honors of the table, and the company was 
composed of one sex, the sacrifices to Bacchus, frequently 
prolonged till the broad glare of next day's sun lighted 
home the guests from the banquet, exhibited scenes of 

and under the signature E. M. S.,in the Gentleman's Magazine, beslubbered 
with faint praise the character (lie could not repair) of his deceased 
patron, in reply to the biographer quoted in the text. Mr. Dallaway died 
in 1834, and lies beneath an aged thorn in the church-yard of Leatherhead ; 
of which parish he had been many years .vicar. — Brayley, Hist. Surrey, 
v. iv., p. 445. 

* Ann. Biog., v. i., p. 117. A translation of Plato by Mr. Taylor, on 
the printing of which the duke had advanced some monies. The copies of 
this work were impounded by his Grace for his alleged debt; " and the 
volumes," writes the duke's biographer, " are at this moment, it is said, in 
a garret at Norfolk House." — Ibid. 

t Ibid., p. 120. The muse of Capt. Morris revelled in the bowl, and 
became sentimental or obscene as it skimmed the surface or dived towards 
the bottom. His " choicest specimens," like his successor in the lyric mantle, 
he did his best, in after years, to suppress. " Lord Holland does not seem 
to think much of Morris's talent in general," writes Thomas Moore,; "'and, 
in the two manuscript volumes of songs he left behind him, I fouud none," 
he adds, " but the few already known to me, that were at all worth saving 
from oblivion." — Moore's Mem., eel. by earl Russell, v. vii., p. 248. The 
biographer of Morris has, of course, shewn him a reformed man ; but years 
did not blanch his stained character; and at the age of eighty-one, in 
decent society, in the presence of women, " poor old Morris was a little 
cut,"— Beattie '& Life of Thomas Campbell, v. ii., /?, 227. 



422 THE HOWARD PAPERS. 

boisterous mirth, that rather pall on the sense than please 
on reflection, and cannot truly be called — 

Noctes, Ccenseque Deorum.* 
In person, the duke was short, thick, and far from ele- 
gant. His face, not unlike the prints of Cardinal Howard ; 
but immense whiskers, which he latterly suffered almost to 
overgrow his cheeks, gave a most uncouth appearance to 
his countenance.f Nor did his outward impression falsify 
the character of his mind ; for the duke, was essentially 
vulgar in his ideas; licentious in his habits; coarse in 
manners; vicious in his tastes; ungenerous in his patronage. 
" Tell me the company," wrote his parent, " and I will tell 
you the man, is an old trite proverb." Of his friendships, 
among the earliest and the latest, was the celebrated Cap- 
tain Morris,- — celebrated, if notoriety may be so miscalled 
— for the licentious ribaldry of his songs at the festive table 
of George prince of Wales :J another intimate, — disgraceful 
sympathy ! — was the more notorious Mr. Stoney Bowes ; 
"whom the duke visited," writes his biographer, "both in 
the King's Bench and within its rules, with a constancy 
and uniformity seldom equalled !"§ The former the duke 

* Ann. Biog. v. i., p. 121. 

t Gent. Mag., v. Ixxxvi., pt. i., p. 65. The duke, a bon vivant, grew fat, 
cumbrous and un wieldly, adds the writer in the Annual Biography; and 
after dinner, with his regimentals on, appeared ill-suited for the profession 
of arms. 

% Morris had an annuity of £200 from George the Fourth. " All proper 
for a wonder," wrote Thomas Moore, after perusing the manuscript volumes 
of songs, which the widow of Morris offered for sale; "I had not the 
least idea he had written so many producible lyrics." — Moore's Mem., 
ed. earl Bussell, v. ii. t p. 175; v. vii., p. 246. 

^ Ann. Biog., v. i., p. 118. Capt. Stoney took the name of Bowes on his 
marriage with the countess of Strathmore. He died in the London Road, 
St. George's Fields, within the rules of the prison, in 1810. " His conver- 
sation was shallow," says his biographer; " and his education bare." To 
which, it is added, that he was " a most accomplished villain — without a 
single countervailing quality. He considered all females as natural game, 
and hunted them down as so many ferce naturce. Under the cloak of 
friendship he made instruments of mankind as he called for them, and in 



THE HOWARD PAPERS. 423 

has associated with his memory, and, in portraiture per- 
petuated to posterity, as the representative of Almeric de 
St. Maur, # Master of the Knights Templars in England, 
among the pictured heroes of Magna Carta story,f m 
the Baron's Hall at Arundel Castle. Captain Morris, we 
are told, with whom the duke had formed acquaintance 
in early life ; in whom he was accustomed to delight in his 
social and unreserved moments ; with whom he kept up a 
regular uninterrupted friendship; was one of the latest 
visitors of his death bed : on that last occasion, the duke 
is said to have detained him many hours, and at their 
final parting to have expressed for him his great regard. J 
How did his Grace illustrate this expression ? Nobles 
and kings of former days have rewarded their buffoon by 
casting him their purse of gold. The duke symbolized 
his great regard lor the lyric poet who had delighted his 
unreserved moments, by a legacy of — nothing! Yet Morris, 
it is said, had claims on his generosity ; perhaps on his 
justice: he had assisted him in all his elections; he had 
solaced many a dull hour with his converse : he had taught 
the muses to shed their influence and diffuse hilarity over 
his festive board !§ 

his arts of seduction he refined above all others." — Lives of Andrew Robinsoii 
Bowes and the Countess of Strath more, by Jesse Foot, esq. Svo. 

* Perhaps by nominal deduction, i. — Sancto-Mauro, Maurisco, Morris. 
The St. Maurs, however, are claimed as the progenitors of the illustrious 
family of Seymour. 

t The duke himself, abandoning ancestrel claims to represent the Bigod, 
earl of Norfolk; the Mowbrays; the Albini; or even the historical Earl 
Marshal, — all participators in the struggle of the king and his barons; 
represents the turbulent " baron Fitzwalter," Banner bearer of London, 
and Marshal of the Army of God and Holy Church, who in the design has 
been made the principal character; with " Henry Howard, esq., of Grev- 
stoke," [??] attending, in the character of a page. See Thrnay, Hist. 
Artmdel, p. 86. t Ann. Biog., v. i., p. 113. 

§ Ibid., p. 118. "The duke," writes Thomas Moore, "left him no legacy, 
though he devoted his whole life to him; nor ever gave him anything but 
the life interest in a small cottage, where he always passed the summer 
months." — Moore's Mem., ed. earl Russell, v. ii., p. 175. 



424 THE HOWARD PAPERS. 

To another class of persons, — by report a very numerous 
class, — the duke's for get fulness, to call it by no harsher 
name, is at once odious and disgustful. Although, in this 
case, the law proscribes the name, it nowhere disallows 
the duties of a father. And yet, of those who called them- 
selves his children, some were entirely forgotten ; while 
others were scantily provided for; more especially one 
whom he admitted to his house and treated with a degree 
of kindness, that gave a right to expectation.* The neg- 
lect of moral obligations is not extenuated by circum- 
stances that may have produced them; nor can domestic 
visitations become afflictions where nature has denied the 
sensibility of grief. Opposed to the condemning evidence 
of patent facts, vapid on the ear falls the testimony to 
character — of a friend. " To the sorrow," writes Mr. Howard 
of Corby, " for the loss of my friend and patron, I must add 
a lament for his hard lot in life, respecting the two ladies to 
whom he was tenderly attached ; — the first taken away in 
the most afflicting manner when his hopes were at the 
highest; the other, bereft of reason soon "after marriage. 
There is no one in mind or feeling, better suited or more 
disposed for the full enjoyment of domestic happiness; and 
no one, I am convinced, had he been spared these misfor- 
tunes, would have been more regular."^ With the most 
ample resources at his command, a man of the amiable 
qualities described, sensible by impulse to " nature's sacred 
voice," would have hushed for ever the notorious scandal 
that adheres to his name, by performing the only duty that 
his low and indiscriminate amours had imposed. 

Without any legitimate heir, and other paternal claims 
forgotten, — with large unentailed estates and immense per- 
sonalty, — the trifling legacies left to a few friends, as coming 
from a duke of Norfolk, may be considered rather marks 
and expressions of esteem than testamentary bequests. % 

* Ann. Biog., v. i., p. 118. t Family Memorials, foL, 1836. 

t Ann. Biog., v. i., p. 118. 



THE HOWARD PAPERS. 425 

Such was the last duke of the Greystoke Howards. 
Well might his biographer exclaim : Fancy loves to draw 
the heirs of old nobility in others colours.* 

Negligent and careless of outward shew, as some of the 
traits here delineated would seem to prove him to have been, 
the duke, was in truth, the reverse. He kept a great pomp 
and state in all his establishments : at Holme Lacy, at 
Arundel Castle, he was indeed a Howard !+ He repaired 
and adorned his country seats; he expended vast sums, 
though not in the best taste, on the venerable castle of 
Arundel ; he bought books and pictures ; and was zealously 
and sedulously attentive to everything that could illustrate 
the history of his own family; which he regarded with such 
unlimited attachment that the most remote suspicion of 
alliance combined with the name could always command 
his good offices. An instance of this occurs in the unhappy 
madman, J of whom the newspapers are so often 

* Gent. Mag. 

t Ann. Biog., v. i., p. 121. Holme Lacy, the venerable seat of the 
Scudamores, in Herefordshire, which, with other valuable estates, the duke 
acquired with his second lady, Frances, daughter and heiress of Charles 
Francis Scudamore. Very shortly after her marriage, in 1771, the unhappy 
lady exhibited symptoms of mental derangement; and ever after lived in 
seclusion. The carousals of a debauchee in the home of her fathers, do not 
display in delicate colours that tender affection attributed to the duke by 
his protege' , Mr. Henry Howard of Corby. 

t The Earl Marshal's Secretary rings the changes by describing the heir 
of poverty " the poor maniac who has so frequently obtruded himself on 
public notice." — Gent. Mag., v. lxxxvi., pt. i., p. 104. Mr. Banks perti- 
nently replies : " With what degree of truth E. M. S. can state W. H. to be 
a poor maniac, I am at a loss to know : probably had E. M. S. the same 
cause of complaint he would exhibit similar impatience at the hardship of 
his treatment and the heavy hand of justice with which he was afflicted. 
Were W. H. to commit suicide the inquest would most likely return their 
verdict felo de se, though were E. M. S. or any dignitary of the Church 
and State to perpetrate the same rash action, he would be found a lunatic. 
Thus, a poor man like W. H. may be represented to have lived a madman 
and die in his sober senses: while a person of more happy fortune, who 
should possess every faculty of the mind, would be deemed to have died 
insane. The case of W. H. is one most worthy of investigation ; and it is 



426 THE HOWARD PAPERS. 

full,* and who so often beset his Grace's door in St. James's 
Square. This man, and his father before him, have been 
humble dependants on the family; and the duke never 
ceased to employ every inquiry to ascertain their descent 
from the family; but in vain. The only branch from which 
it is said to be possible for them to have descended, is the 

Effingham, branch *j- 

Had this been even so, surely there was some claim to 
the sympathy of the noble Howards; and if mental aberra- 
tion had added incapacity to misfortune, surely the appeal 
to their humanity had none the less force, when common 
charity might have wrung a pittance. On all the premises, 
a wealthy Howard, from the superfluity of his inherited store, 
to another of his name,— perhaps of his blood, — without 
disparagement, might have said — 

Are we not brothers? 

So man and man should be: 
But clay and clay differ in dignity 
Whose dust is both alike. 



only to be lamented that there are generally too -many (like E. M. S.) 
inclined to add insult to oppression, and too few ready enough to come 
forward and support the cause of poverty against the arbitrary influence of 
wealth and power "—Ibid., p. 392. 

* The Earl Marshal's Secretary, flattered by the sympathy, responds : 
The memoir-writer " cannot but have suffered with every man of a liberal 
mind the disgust excited by those effusions of morbid malignity which have 
lately been admitted into certain Sunday newspapers. He has expressed 

his disapprobation " — Gent. Mag., v. lxxxvi., pt. i., p. 104. The 

Examiner doubtless smiled blandly at the compliment. 

+ Character of Charles Howard, duke of Norfolk, who died Dec. 16th, 
1815. — Gent. Mag., v. lxxxvi,, pt. i., p. 65. 



THE HOWARD PAPERS. 427 



CHAPTER XII. 



The youth howe'er distress'd appears, 
Hath had good ancestors. 

He said he was gentle, but unfortunate; 
Dishonestly afflicted, but yet honest. 



THE LINE OF POVERTY. 

When Mr. Walter Howard was scribbling his Journal with 
Loves question; balancing in verse the enduring potency 
of black eyes and blue ; and eulogising the charms of a 
"harmless country maid;'' it is very strongly to be sus- 
pected that he was thinking of Miss Jane Martin, of Gate- 
side, in Northumberland. It is known, for the poet tells, 
that— 

loving goes by happes, 

Some Cupid kills with arrows, some with traps; 

but how chanced the haps or what were the traps that 
brought together this constant and unfortunate couple has 
been kept sacred to oblivion. It is not now to be known 
whether he resolved the proposition and laid the cunning 
snare ; or she, with a doublet and hose in her disposition, 
— stricken with the nobility of his carriage and lamenting 
the lowliness of fortune that mined his gentility, had cast 
her golden chain around his neck, and, with Rosalind, 
exclaimed : — 

Wear this for me; one out of suits with fortune; 
That could give more, but that her hand lacks means. 

The Martins were a respectable — not a great family ; but 
then the Howards of the collateral branches, even of the 



428 THE HOWARD PAPERS. 

ducal lines, had not always made noble matches. " The 
alliances," observes the biographer of the last of the Grey- 
stoke dukes, in reference to his ancestry, " during the 
period of juniority, had been scarcely better than obscure, 
as the names of Tatershall, Aylward, and Brockholes will 
indicate."* If speculation might be indulged, where the 
fact is of little moment, Miss Jane Martin was probably 
on a visit, with relatives in town,f when she ensnared the 
affections of Mr. Walter Howard ; the parties were married 
in London, at the aristocratical parish church of St. James, 
Westminster, in the immediate vicinity of Norfolk House.f 
As circumstances do not indicate it to have been an alliance 
of interest, it was probably one of affection. No broad 
acres are known to have been the portion of the lady ; 
reserved by settlement, to her and her issue, with a life 
interest for her husband : no dowry for the widowhood of 
the bride ; secured to her on the estate, real or personal, of 
the husband, — or by the bond of a duke. The small fortune 
of Miss Jane Martin, appears to have been of the nature of 
a terminable annuity — dependent on the duration of an 
estate for life, and that not her own; so that it was, un- 
happily, at any time liable to abrupt termination, more or 
less to the inconvenience of the recipient. The incidents, 
indeed, were well adapted to puff some life insurance ad- 
vertisement. Had they been previously known; estimated 
at their true value ; and the Threads of the Storm Sail so 

* Gent. Mag., v. lxxxvi., pt. i , p. 65. Perhaps without intrusion might 
be added the Coppingers of Bally volane. 

t A decaying branch of an old Durham family, seems to have been the 
parentage of Miss Jane Martin. Without reference to family origin or 
connections, Mr. Burke mentions a George Martin, of the parish of St. 
James's, Westminster, who married the daughter of John Nickleson, 
of Stanmore, Middlesex, a merchant of London. Mr, George Martin 
practised surgery, and was appointed Surgeon to St. Thomas's Hospital. 
His eldest son, John Nickleson Martin, a Captain in the army, born 1758, 
married, at Penrith, in 1785, Miss Elizabeth Hutchinson, of Crossfield, 
in Cumberland. — Landed Gentry, v. iv., p. 102. 

i Herald's Office Pedigree, postea, p. 433. 



THE HOWARD PAPERS. 429 

well understood then as now, a more permanent income of 
some sort might probably have been secured from the un- 
certain resource ; but the times were rude in the science of 
provident wisdom : the happy couple — indiscreetly it may 
be — set sail before the gentle breeze, heedless of the unseen 
distant rack, — unobservant of the atmospheric experience 
of the immortal bard : — 

Full many a glorious morning have I seen 
Flatter the mountain tops with sovereign eye, 
Kissing with golden face the meadows green, 
Gilding pale streams with heavenly alchemy ; 
Anon permit the basest clouds to ride 
With ugly rack on thy celestial face. 

The tempest came : the mainsail shivered in the wind ; 
and all was lost ! Adopting a landsman's metaphor, the 
improvident, addressing his bitter fortune, might then have 

said : — 

Why didst thou promise such a beauteous day, 
And make me travel forth without my cloak, 
To let base clouds o'ertake me on my way, 
Hiding thy bravery in their rotten smoke? 

Late reflection ! In 1793, Mr. and Mrs. Walter Howard 
had been overtaken by the deluge of the bursting cloud ; 
and for want of forethought or the ill-understood security 
of some provident wrapper, they had suffered the inconve- 
nience of an unprepared condition. In the year mentioned, 
they were in reduced circumstances ; and Mr. Howard had 
become inquisitive on the subject of his former resources 
from the ducal family; which, from "debts brought against 
the estate/' had long ceased to yield income. A letter, 
written some years later, recalls the occurrences of this 
date : — 

" You must recollect/' wrote Mr. Walter Howard to the- 
duke, "in the year 1793, you sent me a message to call 
upon you at Norfolk House, when you expressed yourself 
in the most friendly manner towards me, and wished to 
serve me in every respect, — with the proviso of proving my 

2e 



430 THE HOWARD PAPERS. 

family ; and that if I was of the most distant branch of the 
family I should be allowed £1200 a year from the Norfolk 
estates; and that lord Carlisle and lord Suffolk and the 
rest, would contribute according to my birthright. After 
further discourse respecting such family proofs required to 
entitle me to what you had expressed, you desired me to 
tell my wife to call upon you on Tuesday ; and when she 
called accordingly, you told her you had a small estate left 
in your charge and care belonging to me* of about £400 a 
year, if I proved my family; worth, you observed, if I 
thought proper to sell it, about £7000 or £8000. At this 
time I really did suppose you meant to have acted honor- 
ably by us "*j- 

What language to address — to have the power to address 
— to a duke ! But the recall to memory bears the impress 
of truth in every line. The duke's biographer has written 
that " he regarded his own family with such unlimited 
attachment that the most remote suspicion of alliance, 
combined with the name, could always command his good 
offices." If he had said •' command a promise " of them, 
Mr. Walter Howard, many years earlier, had borne testi- 
mony of the fact, — and of several other qualities by the 
same writer attributed to his Grace ; which, confirming his 
statement, tells the truthfulness of both. The " restless 
curiosity," the " passionate and capricious interest " only 
gave impulsion to the inquisitive power of the Earl Marshal 

* If this were so, and the title to it required proof of pedigree, it had 
probably been the estate of his father, William Howard, producing the 
income on which he had lived. 

t Walter Howard to Charles duke of Norfolk. Letter dated London, 
6th Sept., 1809. — MS., penes me. This interview does not appear to have 
been the introduction of the parties to each other. A letter to the duke, 
dated Nov. 5, 1809, refers to an interview, on a subject not explained, in the 
lifetime of the first duke Charles. " My first application to you," writes 
Mr. Walter Howard, " was by the recommendation of your mother, when 
you held the title of earl of Surrey." This necessarily refers to a visit in 
or previous to 1784, in which year the duchess Catherine died- 



THE HOWARD PAPERS, 



431 



to require the proof of family descent. In the first con- 
tingency the demand was not unnatural ; in the second it 
seems rather superfluous ; for if the duke held in trust an 
estate belonging to a particular family, the pedigree of the 
heir, so far as necessary, must have been known, to give 
authority for the declaration of the right of ownership. A 
claim to the support of the ducal family might depend on 
consanguinity ; its extent, more or less, on nearness of 
relationship. The heirship to a trust estate would alone 
rest on the absolute right. Mr. Walter Howard had not 
immediately dropped from the clouds. The duke might 
have heard that he had been noticed by the ducal family, 
when himself had been little considered ; and could not 
but have known that they both had been legatees, — the 
one by right of collateral heirship, the other, let it be 
assumed, by right of compassion, under the will of 
duke Edward, sixteen years bygone. If the will of duke 
Edward only raised " a remote suspicion of alliance, com- 
bined with the name," the immediate parentage of Mr. 
Walter Howard was no mystery ; and with the accessories 
for genealogical investigation at the command of the Earl 
Marshal, his ancestry, it is reasonable to suppose, might- 
have been capable of satisfactory proof. What then were 
the ideas of the noble duke on the subject of Mr. Walter 
Howard's descent ? For whom, or for what branch of the 
family of Howard, had the noble duke, by representation, 
become trustee ? How had been the descent of the small 
estate that awaited a right of heirship ? These are ques- 
tions, very pertinent to the elucidation of the subject, that 
might have been put and answered to its early solution. 
In some shape or other, they had long been subjects of 
question with the unfortunate person most interested in the 
reply, when the following letter, which seems to embody 
the case against him, was addressed by himself to the lord 
Chancellor of England. 

" A child is wronged of his birthright ;" wrote 

2e2 



432 THE HOWARD PAPERS. 

Mr. Howard to lord Eldon, " and when he comes of age 
and makes the discovery, he finds there is no redress for 
him in law." 

" Another objection : 1 am asked if I can swear my 
father was my father, and so on to my father's father, &c. 
&c. Such absurd questions are only fit to be put by a 
school-boy. I can safely swear with truth, to the best of 
my knowledge and conscience, that I never knew any other 
father, than him I knew, and considered to be my father, 
William Howard ; and many knew him as well at the 
Herald's Office ; and Mr. Seymour, and the late possessor 
of the Norfolk title, (who was called Mr. Howard of Grey- 
stoke,) who were chief mourners at my father's burying ; so 
I am informed by Mr. Seymour and others ; and he died 
at Lambeth." 

The "objection" irritated the writer to carry his rejoinder 
somewhat beyond the retort-courteous, and he concludes : 
" I apprehend it is more than the present possessor of the 
title of Norfolk can hazard to swear, — that he never had 
any other father than the late possessor of the title, other- 
wise Howard of Greystoke " # 

In 1793, however, the "restless curiosity" of the duke 
was courteous ; the " unlimited attachment for his family," 
— the " remote suspicion of alliance, combined with the 
name/' had burst forth in a premature shower of promises ; 
and his poor unkenned namesake " really did think he 
meant to act honorable :" but the Earl Marshal, jealous of 
honor, and guardian of the rights of legitimate representa- 
tion, must be satisfied. " The duke ordered the carriage," 
said Mr. Howard, " went down with me to the Herald's 
office, and directed that my pedigree should be made out." 
An interval of suspense — it might be of anxiety, though 
not of doubt, — to one of the parties at least, ensued. The 
records of the College were ransacked ; " JB. B., fo. 154/' 
forthwith extinguished one proposed ancestor altogether, 
* Letter dated 18th Dec, 1 809.— Appendix. 



THE HOWARD PAPERS. 433 

without issue; while " C. 41 ," directly opposed to the record 
of the Black Book, gave him a large family; which being 
in some sort confirmed in probability by "6 D. y 14, fo. 
25," # might have furnished a progenitor, honorable in an- 
cestry, and allied with the blood of the noble duke ; but 
that stock was abandoned for another of his name, — of 
doubtful, and imputed spurious, descent; and whose "ex- 
istence and connections," in the words of the Earl Marshal's 
Official Secretary, "cannot be authenticated with any satis- 
faction." However, in due time the "ducal order was ful- 
filled ; a pedigree, in the following year, was supplied from 
the highest official source ; and here it is : — 

WALTER HOWARD'S PEDIGREE, 

As received from the Herald's Office, 1794.f 



Sir Charles Howard, = Elizabeth , daughter 



of Somersham, co. Huntingdon, 
knt., 6th July, 1657, and one of 
the band of Gentlemen Pen- 
sioners, 1667. 



of. 

1657. 



James Howard, esq., = Dorothy, daughter of Thomas 

son and heir apparent, 1667, j Errington, 1667,1670-1, 

living 1670-1, 1690, 1691. | 1691. Buried at Ford, June 

16th, 1705. 



Sir Charles Howard, = Eleanor, eldest daughter of Sir 



married at Ford, Dec. 8th, 

1687. Buried there 22nd 

Sept., 1705-6. 



Francis Blake, of Ford Castle, 

co. Northumberland. Buried 

at Ford, 16th June, 1705. 



Charles Francis Howard, esq., = Elizabeth Hall, of Monk- 
bapt. at Ford, 8th Dec, 1696, 
ob. 1737. Buried at Elsden. 



ridge, living in 1782. 



William Howard, esq., = Catharine Titcombe, of the 



married in the Isle of Jersey. 

Died Oct., 1777, aged 52. Bur. 

at Battersea or Lambeth. 



Isle of Jersey. Died in 1778. 
Buried with her husband. 



Walter Howard, = Jane Martin, of Gateside, 

born 19th May, 1759, married Northumberland, born 

at St. James's church, 16th Jan., 1760. 
Piccadilly. 

* See Proofs, &c, Ext. 8. — Appendix. 
t Walter Howard's Papers, penes me. Certain Extracts of Deeds, &c. 
furnished with the Pedigree, are referred to the Appendix. 



434 THE HOWARD PAPERS, 

And whom did the researches please? whom did they 
satisfy ? Did they satisfy the curiosity and the scruples of 
the duke? To judge from his subsequent carriage, they 
did not and they did. Did they satisfy his conditional 
protegS ? Alas ! No. If Mr. Walter Howard had placed 
his hope on the researches of the College of Arms, — hope 
told a flattering tale. If he placed confidence in the "un- 
limited attachment " of the duke for the family of Howard, 
the nightingale in Arundel gardens, that with melancholy 
note sang the night through, in the jessamine tree, and 
ushered in the morn that lighted earl Philip to his trial, 
— was not more ominous of evil than the capricious interest 
of the Earl Marshal in his behalf. The inquiries of the 
Heralds did not give him title to the high consideration of 
the noble Howards ; they did not give him possession of 
the small trust estate. They did give him the passing- 
sympathy of the duke ; and possession of a small estate to 
which he had no other title of inheritance. He was alter- 
nately promised ; neglected ; provided for ; dismissed ; 
relieved ; abandoned : and finally — " persecuted with a 

spirit of malignity congenial only to a little mind "* 

Addressing the lord Chancellor of England, Mr. Walter 
Howard wrote : " It was by the desire and order of the 
present duke to prove my family, that my pedigree was 
procured from the Heralds' Office. From the said pedigree 
I find that every attempt has been made to obscure my 
descent and disannul my pretensions. "f Yet this pedigree 
was ever after fastened upon him as a descent claimed by 
himself — the basis of his appeal to the duke, and subse- 
quently to the sympathy of the public. The Earl Mar- 
shal's Secretary, bearing the seal of the high" office for 
which he claimed power to discriminate the genealogical 
rights of the most noble subjects of the land, J did not 

* Gent. Mag., v. lxxxvi., pt. i., p. 392. 
t Appeal to Lord Eldon, lord Chancellor, dated 30th July, 1805. — 
Appendix. I Vide ante, p, 23. 



THE HOWARD PAPERS. 435 

scruple to write : " The poor maniac, who has so frequently 
obtruded himself upon public notice, claims to be descended 
from a Sir Charles Howard in the reign of Charles the 
First, but whose existence or connections cannot be au- 
thenticated with any satisfaction. It has been presumed 
(but it is mere presumption) that the said Sir Charles was 
an ante natus son of the second earl of Suffolk, — who, after 
having privately married his mother, left him an estate in 
Westmoreland I His grandfather was certainly considered 
as a country gentleman, but his father was in very reduced 
circumstances."* 

The existence and connections of the supposed ancestor 
" unauthenticated ;" bastardy ', the private marriage of the 
mother, — the estate in Westmoreland, "mere presumption," 
— yet all presumed! Why, the least investigation of the 
circumstances and connections of the earls of Suffolk, and 
the descent of their lands, would have repudiated the pre- 
sumption of the official Secretary as a wanton fiction ; nay, 
the "poor maniac" himself, by the inquiries within his 
power, and the discriminating remarks on the documents 
supplied with the pedigree, yet existing in his own hand, 
would authorize a more severe rebuke. When too late to 
remedy the grievous wrong, the mis-statement, in one res- 
pect, did not escape correction from another hand. " Mr. 
Walter Howard never pretended descent from a Sir Charles 
Howard in the reign of Charles the First," wrote the 
genealogist, Banks, " This descent (I believe) was drawn 
out for him by a Mr. H — s ; with a view to oblige the per- 
son by whom he was appointed a member of the College 
of Arms ; and with a view also (as I take it) to mislead 
that unfortunate gentleman as to the nature of his birth- 
right, and obscure, as far as possible, his claims to a superior 
rank in life from the knowledge of the public "f 

The race of misery had been run when the assertion 
publicly proclaimed, produced correction from a source no 
* Gent. Mag., v, Ixxxvi.^ pt. i., p. 101. t Ibid., p. 392 



436 THE HOWARD PAPERS. 

otherwise interested than in the protection of wronged 
poverty. At the time when efficient sympathy in action 
would have been most valuable for his future prospects, he 
had none ; he asked for none ; he placed confidence in the 
justice, on the promises of the duke; and labouring under 
a misplaced impression, he waited for the power of the 
Earl Marshal to be further exercised on his behalf. Many 
years afterwards, when hope and faith had long expired, 
the "poor maniac " wrote : " If the duke does not consider 
himself bound by his obligations as Earl Marshal of Eng- 
land, to inquire into the wrongs of the Howard family, in 
which there appears to have been forgeries and other means 
used to dispossess them of their inheritance and obscure 
their descent, surely there must be some other means of 
obtaining redress/ ,# At the earlier period mentioned the 
protege conditional or heir expectant waited, patiently, the 
action of the duke. He waited long. His main resource 
of income had failed: the pittance under the will of duke 
Edward alone remained as a permanent revenue : his em- 
barrassments increased; and the year 1795 beheld him 
prisoner for an accumulation of small debts, incurred for 
the necessaries of life. The climax, however, was so far 
fortunate as to produce some consideration of his case, if 
not of pretensions based on the representations and florid 
promises of the duke, which had taken complete possession 
of his mind ; not the hope of charity ; but the right to the 
" small estate the duke held in charge and care " for him ; 
which coincided with the independent character of his 
mind, and the prospects he had always entertained as the 
heir of his father. That some claim remotely absolute or 
wholly benevolent must have been entertained, the result 
proclaims: but whatever claim the duke admitted is only 
to be gathered from his actions. The prisoner was released; 
and on the 21st December, 1795, he was taken down to 
Ewood, in Surrey, and by the duke's steward, Mr. Sey- 
* Walter Howard to the duke, 1805. — MS., penes me. 



THE HOWARD PAPERS. 437 

mour, established there on a small property the duke ap- 
pears to have purchased a few years before. # Here he 
found a house newly furnished for him by a London up- 
holsterer ; he cultivated his garden ; he exercised the rights 
of ownership over the land ; he paid no rent : yet the 
tenure was so primitive, that to modern ideas it must be 
evident that he was in possession at the sufferance of 
the duke. All his wants appear to have been supplied ; 
and without some addition to his income (of which no 
mention is made), it is not very apparent how in comfort 
he could exist ; without capital or credit (of which he was 
ever scrupulous) it is difficult to understand how he 
could conduct any process of agriculture; perhaps these 
were some of the circumstances in which he found himself 
"awkwardly situated." The duke at this time had been 
long absent from Ewood ; Mr. Howard had no opportunity 
of personal communication with him ; and to his absence 
the unfortunate man was willing to attribute the catastrophe 
that terminated his occupation ; for many years afterwards 
he wrote to the duke : " If you had not declined coming 
there for a long time, it would not have happened as it has; 
unless the object had been to deprive me of that estate. "f 
How long the sufferance might have continued cannot be 
known : Mr. Howard remained in possession somewhat 

* Iwood or Ewood Park, in the Hundred of Ryegate and manor of New- 
digate, in the county of Surrey, consisting of a mansion, and park of about 
600 acres, was parcel of the inheritance of the Fitzalans from the earls of 
Warren and Surrey ; and passed, with one of the coheiresses of Richard 
Fitzalan, to William Beauchamp, lord Abergavenny. From the Nevilles, 
it passed into other hands, by sale and partition. In the time of William 
the Third, the house and one-half the park belonged to Dr. Morton, a 
physician, and by his representatives was sold, in 1786, to Charles duke of 
Norfolk. The remaining portion had been converted into a farm, and 
passed through several hands, until it became the property of General 
Smith, of whom, in 1786, it was purchased, and with other contiguous 
lands, united to the possession of the duke. — Manning, Hist. Surrey, 
v. ii., p. 174. 

t Letter elated 22nd February, 1815. — Appendix. 



438 



THE HOWARD PAPERS. 



more than a year. Rasselas was impatient in the happy 
valley; but schooled in adversity, and content to accept 
the present as compensation for the past, Mr. Howard might 
have remained satisfied to the end of his days in a position 
that so nearly fulfilled the aspirations of his contentment, 
had not an accumulation of annoyances contributed to his 
disturbance ; and in their result destroyed the happiness of 
his future years. Burbury, the duke's bailiff on the adjoin- 
ing land, and other persons in the duke's employ, were 
deficient of the respect he considered courteous ; they 
addressed him as " Mr. Smith ;" the " neighbourhood " 
addressed him as "Mr. Smith;" and to his repeated re- 
monstrances he was told, it was by the duke's orders that 
he should be called " Mr. Smith."* The continued repeti- 
tion irritated him : the annoyances increased in intensity 
until the blood of Howards could no longer bear the con- 
tumely; and on one fatal morning Mr. Walter Howard, 
and his wife who always accompanied him, took coach for 
London in order to obtain an interview of the duke, and 
ask an explanation of the annoyances, and the " footing on 



* Did the duke really suspect him to have been a Smith; and oust him 
from the farm as, a respectable impostor? The incident is among the 
curiosities of the case; and the following pedigree (as though to meet the 
imputation) did not escape Mr. Walter Howard's researches into the family 
connections of his house : — 



John Errington,; 
of Beaufront, 
co. Northumb., 



Sir John Smythe,=Constantia, 



of Acton Burnell, 
co. Salop., Bart. 



daughter of 
Geo. Blount, 
esq., sist.ofSir 
Edw. Blount, 
of Sodding- 
ton, Bart. 



Marmaduke=Elizabeth 



lord Lang- 
dale, ob. 
1771. 



youngest d. 

of Will, lord 

Widdring- 

ton, ob. 

1765. 



Mary Errington=Walter Smythe, 

I of Brandridge, 

co. Hants, esq. 



Constantia = 



: hon. Marmaduke 
Langdale, of the 
Holmes, Yorkshire. 



Walter Smythe, b. 4th Oct., 1757. 
John Smythe, b. 13th Sept., 1758. 
Charles Smythe, b. 4th Dec, 1759. 
Henry Smythe, b. 30th Dec, 1760. 

Mary Anne, b. 26th July. 1756. 

Frances, b. 18th April, 1762. 

—Walter Howard's Papers.— Penes me. 



Marmaduke, Constantia, ob. juv. 

ob. juv. Elizabeth=Kobert Butler, esq., 

ofBallyraggett. 
Mary = Charles Philip, 
lord Stourton, 
Appollonia = John, son of lord 
Clifford, of Chud- 
leigh. 



THE HOWARD PAPERS. 439 

which he stood," The circumstances and the result were 
the constant theme of his future correspondence; which 
contains little beyond a repetition of his grievances; re- 
proaches for promises unfulfilled ; and appeals for redress. 
Addressing the House of Peers, " I think/' says the appel- 
lant, "I have a just right to charge the duke of Norfolk 
of withholding from me the estate of Ewood, of which he 
gave me possession ; now in the occupation of two persons, 
named Burbury and Wilton, and held by them in the 
duke's name. When my wife and myself were taken down 
to Ewood estate and placed in possession of it as my own, 
by Mr. Seymour, steward at Norfolk House, I considered 
we went down in our own names : instead of that, we were 
represented ofahe name of " Smith," without our knowledge 
or consent. It was on that account, and the very singular 
treatment I experienced there, that caused us to come to 
town, being desirous of obtaining a satisfactory answer 
from the duke: but our names were refused to be delivered 
at Norfolk House. Now, I consider simply coming to 
town, was not relinquishing possession, nor forfeiting the 
estate. But since then we are told by persons who had 
taken possession in our absence, that ' they are on the inside 
and we are on the outside ;' and from that time possession 
has been retained from us." # 

Destitution at once followed the ejection from a home 
that answered all the humble wishes of the contented occu- 
pants, had it not been rendered unhappy, and at length 
unbearable to the sensitive tenant by a system of annoy- 
ance that denied his family name, and seemed to dispute 
the right of ownership which he understood to belong to 
his occupation of the estate. " I cannot but reflect," wrote 
Mr. Howard to the duke, " on the manner I was put in 
possession of Ewood, with the contempt and derision ob- 
served towards myself and my wife while we were there. 

* Appeal and Address to the House of Peers, 30th May 5 1806.— 
Appendix. 



440 THE HOWARD PAPERS. 

I presume any others as well as ourselves would have found 
themselves awkwardly situated from the like behaviour. 
It was right that I should know upon what footing I stood 
there ; for it appeared to me as if Burbury claimed a right 
to the estate as his own, by the authority he assumed."* 
The ungenerous conduct of the duke can find no palliation 
in the circumstances of the ejectment: for, though he had 
been no party to the original grievance, — if he took shelter 
beneath the action of his subordinates, as the subsequent 
correspondence imputes ; or adopted the result of their 
coarse brutality, as the dispossession too plainly tells; the 
result was the same to the unfortunate victim, when his 
repeated applications for redress — not denied — were met 
by evasions that always postponed relief: when his con- 
tinued appeals to the justice, the honor, and the kindly 
sympathies of the duke, — often met with a listening ear, — 
yielded nothing but promises of consideration that sickened 
the heart, to its last sufferance, with hope deferred. 

The duke, at this time, was riotously absorbed in the 
excitement of political carousals. Mr. Howard notes that 
he was " one of the wits of the Whig Club," and so occu- 
pied with the " Rights of Man," that he could find no 
time to attend to the rights or to remedy the wrongs of the 
Howard family.f " If the present possessor of the title of 
duke of Norfolk thinks it right to patronize such unprece- 
dented political principles as the Rights of Man, let him 
not disclaim me of my inheritance, or deprive me of the 
Ewood estate, of which I was in possession ; and report 
me to be mad. "J Poverty; the capricious interest of the 
duke; the sudden deprivation of comfort; neglect; and 
insult ; were circumstances w T ell calculated to create mental 
disturbance ; and though logical sequence may be less 
prominent than the irritation occasioned by a vacillating 

* Letter dated 2nd June, 1804.— MS. penes me. 
t Mem., 1797.— Ibid. X Ibid. 



THE HOWARD PAPERS. 441 

policy, where generous treatment would have been more in 
place, and absolute denial less illusive ; it may be fairly 
assumed that the " poor maniac " knew a hawk from a 
handsaw, when driven to despair by the necessities of his 
position, he addressed the following letter — 

"To the Duke. 

" The motives I have in addressing myself to you, you 
must be perfectly sensible of. Why is it that I am reported 
by those about you to be mad ? Is slander and calumny 
proof of a good cause ? 

" Of the treacherous behaviour I have received from 
you, and tfte insults from your underlings, I can produce 
sufficient proof. 

"I have complained of forgeries and other unjustifiable 
means employed to deprive me of my inheritance. If you, 
as Earl Marshal, do not think it your duty to justify* the 
wrongs done to the family, you certainly must be privy to 
what I have stated ; and confess yourself guilty by avoiding 
all investigation, and not coming to the proof. 

" You, of a distant branch, have become duke of Nor- 
folk : Bernard Howard claims as next presumptive heir to 
succeed to the title. I, who was brought up under the 
protection of duke Edward, by some unjustifiable means, 
find myself disinherited. There must be some other motives 
than prejudice in the conduct of the present family towards 
me. If you do not consider a departure from your promise 
to be a breach of morality, though falsehood and treachery 
may add to your power and authority, it cannot be difficult 
to understand by what principles you are actuated. 

" As private slander is a curse, I am desirous that the 
truth should be known : bring me to the proof or disproof 
of my statement, rather than be always flying out of town 
upon every occasion. 

"1797." "Walter Howard. "f 

* i.\ to rectify. t MS., penes me. 



442 THE HOWARD FAPEHS. 

Whether this appeal did or did not produce temporary 
compunction in the ducal breast, an interview with the 
duke appears to have been obtained , and a consideration 
of his case promised, A narrative of the occurrence is 
found in a letter of long subsequent date. 

" My motive for quitting Ewood and coming to London/ 7 
wrote Mr. Walter Howard to the duke, "was to procure 
an explanation from you on account of the very singular 
usage I received there, as well as to remonstrate against 
being passed under a false name against my consent. I 
certainly then supposed I was free to return at my pleasure, 
and did not imagine there was any plan laid to deprive 
me of that estate. 

" In the year 1797 my wife and myself called on you at 
Norfolk House, when Mr. Dallaway ? of the Heralds' Office, 
who is now minister at Leatherhead, was present, when you 
told us that Mr. Dallaway should call upon us at our 
lodgings with your proposals, which he accordingly did ; 
my wife was present. Mr. Dallaway said he came by order 
of the duke of Norfolk to express his wish to serve us in 
any way in his power: that you was sensible I and my 
family had suffered greatly, and that you was willing to 
comply with any proposals that I should make. I replied 
that I well knew all my wrongs ; that I should be satisfied 
with the estate of Ewood, and the small estate of £400 a 
year that you told my wife you had in charge and care for 
me ; which was indeed but a small compensation for what 
I ought to have enjoyed. Mr. Dallaway appeared satisfied 
with my answer, and said he would inform you of it ,• but 
I have never yet received any satisfactory information 
from you." # 

Mr. Dallaway appeared satisfied ! Doubtless the reverend 
Secretary fancied he had fulfilled the mission of the good 
Samaritan when he delivered the promising message from 

* Letter dated Nov. 5, 1809. — MS. penes me. 



THE HOWARD PAPERS. 443 

the duke, and left the "poor maniac" to his endowment 
of misery, unredressed. 

From this time the life of Mr. Howard was devoted to 
two main objects. First; The correction of the Heralds' 
Office pedigree, by which he considered himself to be "dis- 
annulled of his family rights ;" and the discover}^ of his 
true descent, to which he appears, hardly in the sincerity 
of a friend, to have been urged. " If the duke," wrote 
Mr. Walter Howard, " does not think proper to search into 
the family proofs, which he has so many years urged me to, 
but at the same time has always avoided, though he must 
be well acquainted with all the particulars of my case, I 
must take some public means to prove the truth, and justify 
myself." # His second object, which would have super- 
seded every other claim or complaint, was the re-acquisition 
of the small property at Ewood, from which he had been 
so unceremoniously ejected. To his constant appeal to the 
duke in this matter, the only answer on record that appears 
to have been given, was conveyed in the taunting language 
of reproach. "Why," wrote Mr. Walter Howard, "should 
the duke blame me for not staying there when I was there? 
And if that was his only objection, why was I not at liberty 
to return when I pleased, with the same freedom as before ? 
The reason for my going to town I have already explained ; 
and need not be repeated to your lordships, "f 

The pedigree, purposely falsified as he believed, was a 
constant source of irritation and anxiety ; for his view of 
the authority and duties of the Earl Marshal was hardly 
less imperative than that attributed to the duke by his 
Official Secretary,^ with a responsibility, perhaps, super- 
added that the advocate of the noble duke would have 
disclaimed. " There are obscurities," said Mr. Walter 
Howard, "in every branch of the Howard family, which 

* Walter Howard to the duke. Letter dated 1805. — MS. penes vie. 

t Appeal to the Peers. Dated Jan. 28th, 1811. — Appendix. 

$ Ante, p. 23. 



444 THE HOWARD PAPERS. 

never could have been, without the knowledge of the 

Heralds' Office "* " If you say that my proofs are 

not sufficiently clear, that objection can proceed from no 
other cause than the family being obscured by false titles 
purposely to disclaim me; but does not nor can disannul me 
from being a lawful and legitimate descendant ; for it only 
discovers the fraud and imposition that has been practised 
on me. You cannot, I presume, be totally unacquainted 
with the truth of my assertion. "f 

" As to Sir Charles Howard in the pedigree, the different 
estates he held would clearly shew who he was, though he 
may be nominated from any estate he occupied. But there 
is nothing but obscurity as well respecting him as in other 
particulars. 7 '^ Comparing the pedigree with the accom- 
panying Proofs, again he writes : " Sir Charles Howard of 
Naworth, with whom the pedigree commences, is obscured 
by the false title of Sir Charles Howard of Somersham; 
and the Indentures of 1657 refer to one and the same per- 
son; the estates were enjoyed by his heirs for three gene- 
rations after him ; and if they were entailed from heir to 
heir, I think I have a right to inquire of those in possession, 
whether they hold them according to law and j ustice." J 

Directing attention to Ext. 1, 2, and 8,§ he pointed out 
the discrepancies between them. The children of "Sir 
Charles Howard of Somersham," nam